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NEW    EDITI'OlSr-1.8  6  7. 


\ 


A    r  OMPIL  A/PTO  N 

OF    THK 

LAWS  OF  ME  STATE  OF. ILLINOIS-,. 

•   ItRt'AtlXf^.iTO 

TOWNSHIP  ORGANIZATION, 

10    Wincn  ►ARK    ADDED 

MMEROrS    T^nAnTTrAT.    FOPvATS. 


r-npfOTiS!  NOTES,  BY. WAY  OF  INSTRUCTION,  SUP?f''T;TFn   \\\ 
REFERENCE  TO  .^IVJUDICATED.  CA^ES. 

•NEW    EDITION,  ENLARGED  A^■l '    !    -       )\^,T),  CONTAINING   ALL   THE 

LAWS   ON   THE   SUBJECT,    i"  '    AND   INCLUDING 

THE    ACTS    .    .  .. 


By    ELIJAH    M.    IIATNES, 

<'OUNSEL,OK  AT  1.A^\', 

("oinijiler  of  "Town  Laws  of  Wisconsin,"   and   "Townsliip  Liiwg  of  Micbigan,"   and  author  of 
■•  The  ProbatB  Mannal,"  and  '"A  Treatise  for  Justices  of  tlie  Peace  and  Constables." 


('  H  I  V  A  GO: 

LAW  BOOKSELLERS  AND  PUBLISIIERS. 


i     1 


'     !=»  -S.  I-  O  E     ^1.25 


ON    THE 

MECHANICS'  LIEN  LAW 

IN   THE   UNITED   STATES. 
By    LOUIS     HOTJOIi:, 

COUNSELOR  AT  LAW. 


One  Volume,  8vo.,       -       -       Price  $3  50. 

A  separate  Treatise  on  the  Mechanics'  Lien  Law  has  been  a  desideratum  long 
felt  by  the  legal  profession.  The  number  of  cases  under  the  Statutes  of  the  different 
States  daily  increase,  and  a  compendium,  short  and  comprehensive,  must  be  o^ 
great  utility.  The  author,  in  this  work  on  the  Mechanics'  Lien  Law,  treats  of  the 
nature  of  the  law;  the  construction  of  the  statutes;  the  parties  to  the  lien;  the 
contract;  the  priority;  the  extent;  the  duration  of  the  lieu;  and,  how  the  rights  of 
married  women  are  affected  by  it.  Henceforth  this  work  must  be  an  authority  on 
the  subject.  No  lawyer  should  be  without  it.  Mechanics,  lumber  merchants  and 
contractors  also  would  do  well  to  purchase  this  work. 

PUTERBAUG-H'S 

Illinois  Pleading  and  Practice. 

SECOND  EDITION— REVISED  AND  ENLARGED. 


A  Practical  Treatise  on  the  Forms  of  Common  Law  Actions, 
Pleadings  and  Practice,  now  in  use  in  the   State  of 
Illinois  and  other  States  and  Territories  retain- 
ing the  Common  Law  practice, 

BY    SABIN    D.    PUTERBAUGH, 

ATTORNEY  AT  LAW. 

The  work  has  been  thoroughly  revised,  enlarged  and  improved.  Several  entirely 
new  Chapters  have  been  added,. viz.:  "Habeas  Corpus,"  with  forms  of  Petitions, 
Orders,  Returns,  etc. ;  "  Partition  "  aud  "  Dower,"  with  precedents  of  Petitions,  Bills, 
Orders,  Decrees.  Reports  of  Commissioners,  Orders  of  Sale,  etc.;  "Divorce,"  with 
forms  of  Bills  and  Decrees  adapted  to  the  various  causes  Of  Divorce  prescribed  by 
Statute,  etc.,  including  Petitions  and  Orders  for  Alimony,  pendente  lite]  etc.,  etc.; 
"  Quo  Warranto,"  etc.;  "Scire  Facias,"  etc.  This  edition  will  contain  numerous 
Precedents  in  Chancery,  adapted  to  the  practice  in  this  State,  including  Bills  to 
Foreclose  Mortgages,  Bills  for  Specific  Performance,  Creditors'  Bills,  Bills  Of  Inter- 
pleader, Supplementary  Bills,  Cross  Bills,  etc.,  etc.  Also,  An.swers,  Pleas,  Demurrers, 
Replications,  etc.,  etc.  Interlocutorj'  Orders,  Answers  of  Guardians,  ad  Litem,  Deci'ees, 
etc.,  etc.,  and  other  forms  connected  with  the  Chancery  Practice.     Price,  $7  50. 

Address  Orders  to 

CALLAGHAN  &  CUTLER,  Publishers, 

<S0  Dearborn  Street,  Chicago,  III. 


/     *  -^     / 

A  COMPILATION 

OF  THE 

LAWS  OF  THE  STATE  OF  ILLINOIS, 

KEIiATING  TO 

TOWNSHIP  OKGANIZATION 

TO  WHICH  ARE  ADDED 

KUMEEOUS  PRACTICAL  FORMS, 


COPIOUS  NOTES,  BY  WAY  OF  INSTRUCTION,  SUPPORTED  BY 
REFERENCES  TO  ADJUDICATED  CASES. 


iilGHTH  EDITION,  ENLARGED  AND  IMPROVED,  CONTAINING  ALL  THE  LAWS  ON 

THE  SUBJECT,  DOWN  TO,  AND  INCLUDING  THE  ACTS  Ois'  iStiS, 

WITH  AN  APPENDIX. 


BY  ELIJAH  M.  HAINES, 

COUNSELOR  AT  LAW, 

Compiler  of  the  "  Town  Laws  of  Wisconsin,"  and  "  Township  Laws  of  Michisan,"'  and 

Author  of  "  The  Probate  Manual,"  and  "  A  Treatise  for  Justices  of  the 

Peace  and  CoDBtables." 


CHICAGO: 
C  JL  X.  X.  JLC3- H:  .A.  3^    &    CTJTIjSia, 

LAW  BOOKSELLERS  AND  PUBLISHERS. 
1865. 


CHANGES  IN  THE  LAW. 

The  changes  which  were  made  in  the  Township  Organization  Act  at  the  late  Session  of  the 
Legislature,  are  indicated  by  the  figures  "  1867  "  iu  the  margin  of  the  section  amended.  The 
important  changes  are  the  following  :  The  office  of  overseer  of  the  poor,  as  a  separate  office 
ts  abolished,  and  the  snrperviaor  of  the  town  is  made  overseer  by  virtue  of  his  office.  The 
town  clerk  is  authorized  to  administer  oaths  of  offic>.-  tjall  town  officers.  Article  17  has  been 
materially  amended,  .issessments  for  road  labor,  and  commutation  and  finds  or  penalties. 
The  biiluiice  uf  the  changes  will  be  fouucl  m  the  amendatory  acts  in  the  APFKNOIX,  lullow- 
ing  the  subject  of  drainage.    April  3,  1867.  E.  M.  HAINKS. 


Entered  according  to  the  Act  of  Congress,  in  the  year  1865, 

By    ELIJAH    M.   HAINES, 

In  the  Clerk's  Office  of  the  District  Court  of  the  United  States,  for  the 

Northern  District  of  lUinoia 


HORTON  4  LEONABD,  CHIOAGO    TTPK    FOUNDBT -. 

PRINTERS,  J-  CON  AH  AN, 


oniOAOO. 


STKBEOTTPKK. 


PEEFACE. 


The  Act  to  provide  for  township  organization  having  been  thoroughly 
revised  at  the  late  session  of  the  Legislature,  and  several  other  acts  relating  to 
the  subject,  likewise  having  passed,  a  new  edition  of  a  compilation  of  township 
organization  laws  is  called  for ;  indeed,  the  changes  in  the  law  are  such  as  to 
entirely  supersede  the  act  of  1851  and  acts  amendatory  thereof. 

The  township  organization  law  of  this  State,  as  originally  enacted,  was  bor- 
rowed from  the  law  of  the  State  of  New  York,  but  in  adapting  it  to  our  general 
statutes,  many  omissions,  errors  and  imperfections  occurred,  which  have  long 
demanded  correction.  This  work  was  undertaken  at  the  late  session  of  the 
General  Assembly,  the  object  of  the  Legislature  being  to  preserve  as  much  of 
the  act  of  1851  and  amendatory  acts  as  could  consistently  be  retained,  making 
necessary  corrections,  and  to  add  such  new  provisions  as  experience  under  the 
system  seemed  to  demand,  and  withal  to  make  no  further  changes  in  the  law 
than  were  actually  necessary  to  perfect  the  system,  and  adapt  it  to  our  general 
statutes.  The  subject  originated  in  the  House  of  Representatives,  and  was 
referred  to  the  Committee  on  Township  Organization,  with  instructions  to 
inquire  into  the  expediency  of  reducing  the  act  to  provide  for  township  organi- 
zation and  the  several  amendatory  acts  into  one  act,  and  to  amend  the  same, 
and  report  thereon.  This  committee  consisted  of  Messrs.  Wilmarth,  Haines, 
Terry,  Cummings,  Broadwell,  Harris  of  Bureau,  Harris  of  Shelby,  Allen,  Har- 
rington and  Stoddard,  being  selected  with  reference  to  their  familiarity  with  the 
subject ;  and  the  compiler,  as  one  of  their  number,  would  testify  to  the  great 
zeal  and  efficiency  with  which  Messrs.  Wilmarth,  Cummings,  Harris  of  Bureau, 
and  indeed  all  his  fellow  committee-men,  prosecuted  the  work  assigned  them. 
The  aim  of  the  committee  was  to  reform,  as  far  as  possible,  the  errors  and  con- 
fusion existing  in  the  old  law,  and  to  arrange  the  different  subjects  comprised, 
under  distinct  heads,  in  methodical  order,  rendering  the  act  more  perfect  in 
itself,  and  a  reference  to  any  portion  of  it  more  easy  and  convenient.  The  time 
allowed  the  committee  during  a  session  of  six  weeks,  in  the  midst  of  other 
pressing,  and  not  less  important  legislative  duties,  was  necessarily  short,  com- 
pared with  the  labor  and  care  which  this  important  subject  demanded ;  if,  there- 
fore, some  errors  have  chanced  to  occur  or  to  escape^'thei*:  aftention,  it  would 
not  be  surprising.  .■:,       ^    ' 

The  bill  as  reported  by  the  committee,  passed  both  Houses  wi^-great  una- 
nimity, and  is  now  before  the  people  as  the  law  ;   and  it  is  the  earnei^t  k^^^f 
those  who  were  engaged  in  the  subject,  that  it  may  meet  the  approva? 
people.     The  committee  of  the  Senate  to  whom  the  subject  was  then  refer^ 
of  which  Hon.  Washington  Bushnell  of  La  Salle  was  chairman,  gave  the  matter^ 


IV  PREFACE. 


deliberate  consideration,  and  to  no  one  is  more  praise  due,  than  to  Mr.  Bush- 
nell  for  the  unceasing  labor  he  bestowed,  and  the  interest  he  manifested  in  the 
subject. 

It  has  been  the  object  of  the  compiler  to  furnish  in  the  present  compilation, 
not  only  the  township  organization  act,  but  also  all  the  statute  law  in  force  which 
is  applicable  in  counties  adopting  township  organization,  as  far  as  it  relates  to 
or  has  connection  with  that  system  and  the  powers  and  duties  of  officers  under 
it.  The  notes  and  forms  are  added  as  usual,  at  the  foot  of  the  page,  and  car- 
ried along  in  connection  with  the  subject  of  the  text,  presenting  the  whole  on 
the  same  page,  and  rendering  the  book  of  more  value  for  convenience  of  refer- 
ence. A  large  number  of  new  forms  has  been  added,  and  the  notes  and  instruc- 
tions have  been  greatly  improved  and  enlarged  by  citing  additional  authorities, 
with  the  late  decisions  of  the  Supreme  Court  of  our  own  State.  The  contents 
of  the  sections  are  indicated  by  side  notes,  as  being  more  convenient  and  satis- 
factory than  the  insertion  of  heads  over  each  section,  according  to  the  plan  of 
former  editions.  These  side  notes  the  compiler  has  prepared  himself,  and  ren- 
dered them  much  more  full  than  they  appear  in  the  laws  published  by  authority 
of  the  State. 

The  plan  and  entire  arrangement  of  this  compilation,  the  compiler  claims  to 
be  original  with  himself,  and  has  secured  the  copy-right  under  the  laws  of  the 
United  States.  The  plan  of  preparing  and  publishing  laws  of  this  nature,  in 
the  style  of  this  compilation,  has  attracted  the  attention  of  other  States,  where  the 
like  system  of  self-government  exists ;  and  the  compiler  has,  by  State  authority, 
furnished  like  compilations  of  laws  for  the  States  of  Wisconsin  and  Michigan, 
showing  the  estimation  in  which  his  works  are  held  in  neighboring  States. 
Trusting  in  a  continued  Uberal  patronage  at  home,  the  renewed  efforts  of  the 
compiler  to  be  useful  are  submitted  to  the  consideration  of  a  generous  public. 

ELIJAH  M.  HAINES. 
Waukegan,  III.,  April  25,  1861. 


PLAN  OF  THIS  COMPILATION  AND  EXPLANATIONS. 

For  information  as  to  the  matter  contained  in  this  compilation,  reference  will  be  had  to  the 
Table  of  Contents  following. 

The  various  subjects  embraced,  have  been  classed  under  separate  heads,  entitled  Divisions, 
each  Division  comprising  as  far  as  practicable  a  distinct  subject. 

•  The  main  features  of  the  new  township  act,  comprised  in  Division  I.,  remain  as  enacted  by  the 
General  Assembly  in  1851 ;  the  subsequent  changes  are  noted  in  the  margin  at  the  side  of  the 
Bection,  by  figures  indicating  the  year  of  the  session  at  which  the  changes  or  amendments  were 
made.  Wherever  those  indications  occur,  it  denotes  that  the  section  against  which  they  occur  are 
■wholly  new  provisions,  or  have  been  to  some  extent  amended  ;  those  sections  against  which  such 
indications  do  not  occur,  remain  as  enacted  in  1851. 

An  Appendix  is  added  embracing  the  acts  affecting  township  organization,  passed  at  th9 
special  session  of  April,  1861,  embracing  also  other  important  laws  of  a  general  nature,  rendering 
the  compilation  more  complete. 

A  Ust  of  the  organized  townships  in  the  State  to  April,  1861,  is  likewise  added. 


TABLE  OF  CONTENTS. 


DIVISION  I. 


GENERAL  PROVISIONS  CONCERNING  TOWNSHIP  ORGANIZATION  COM- 
PRISING TOWNSHIP  ACT  OF  1861. 


AETICLE  I. 


PAGE. 
13-16 


Proceed rNGS  to  adopt  township  organization, 

ARTICLE  II. 
Of  the  powers  and  rights  of  towns  as  bodies  corporate,  16-17 

ARTICLE  IIL 
Of   the  alteration  of  boundaries  and  division  of    towns,  and 

EFFECT  thereof  ON  THEIR    CORPORATE  PROPERTY,  17-21 

ARTICLE  IV. 

Of   TOWN  MEETINGS  AND    THE    POWERS  OF  ELECTORS,  21-28 

ARTICLE  V. 

Of  THE  METHOD  OF  CONDUCTING  TOWN    MEETINGS,  28-35 

ARTICLE  VL 

Of   QUALIFICATION  AND  TENURE  OF    OFFICE,  35-40 

ARTICLE  VIL 
Vacancies  in  town  offices,  and  the  manner  of  filling  them,        40-41 

ARTICLE  VIIL 
Of  supervisor  and  his  duties,  42-44 

ARTICLE  LX. 
Of  town  clerk  and  his  duties,  44-45 

ARTICLE  X. 
Of  the  board  of  auditors  of  town  accounts,  45-47 

ARTICLE  XL 
Of  the  compensation  of  town  officers,  47-48 

ARTICLE  XIL 
Of  legal  proceedings  in  favor  of  and  against  towns,  48-50 

ARTICLE  Xm. 
Of  the  powers  and  eights  of  counties  as  bodies  corporate,  50-51 

ARTICLE  XIV. 
Of  the  board  of  supervisors,  51-55 


^  TABLE   or   CONTENTS. 

ARTICLE  XV. 
Of  the  county  treasurer,  55-58 

ARLICLE  XVI. 

Miscellaneous  provisions  concerning  the  assessment  of  property 
and  the  collection  of  taxes,  58-g3 

ARTICLE  XVIL 
Of  koads,  highways  and  bridges,  63-110 


DIVISION  n. 

ELECTIONS,  111-130 


DIVISION  III. 

INCLOSUEES  AND  FENCES,  131-141 


DIVISION  IV. 

PAUPERS,  142-148 


DIVISION  V. 

EEVENUE. 

Assessment  and  collection,  149-183 

Collection,  183-207 

Miscellaneous,  207-210 


DIVISION  VI. 

MISCELLANEOUS  PROVISIONS. 

Bridges,  211 

Census,  211-212 

Counties  and  county  commissioners'  courts,  212-221 

County  courts,  221 

County  treasurer  and  county  funds,  222-226 

Dogs,  227 

Estrays,  227  228 

Highways,  228  229 

Law  of  the  road,  229-231 


DIVISION  VIL 

LOCAL  AND  SPECIAL  PROVISIONS,  232-241 

APPENDIX,  243-271 


rNTRODUCTION. 


The  system  of  township  government  or  organization,  as  at  present 
existing  in  the  northern  and  eastern  states,  originated  in  New  England, 
and  is  an  evidence  of  the  confidence  which  the  early  patriots  of  those 
colonies  entertained  in  the  ability  of  the  people  to  govern  and  legislate 
for  themselves. 

Township  organization  is  of  modern  date,  and  no  scheme  having' 
much  similarity  to  it  can  be  found  in  ancient  history.  The  municipal 
divisions  of  Athens  and  the  other  ancient  i-epublics  were  rather  into 
castes  or  social  ranks,  than  ten^itorial;  although  the  "demes"  of 
ancient  Athens,  the  Roman  and  Grecian  colonies,  and  at  a  later  day 
the  free  cities  of  mediaeval  Europe,  possessed  more  or  less  of  the 
privileges  of  a  municipal  corporation,  such  as  choice  of  voters,  elec- 
tion of  officers,  possession  of  a  seal,  management  of  funds,  and  the 
like.  These  cases,  however,  are  exceptions  ;  isolated  instances  of  the 
universal  instinct  for  self-government  which  is  born  with  all  men,  but 
repressed  under  non-elective  and  irresponsible  governments. 

King  Alfred,  about  A.  D.  871,  in  order  to  prevent  the  rapines  and 
disorders  which  prevailed  in  the  realm,  instituted  a  territorial  division, 
however,  which  probably  contains  the  first  genu  of  our  American  idea 
of  a  township.  This  was,  a  division  of  the  kingdom  into  "tithings," 
an  Anglo-Saxon  term  equivalent  to  "tenthings,"  or  groups  of  ten. 
Each  tithing  was  the  area  inhabited  by  ten  contiguous  families,  who 
were  "frankpledges,"  i.  e.  free  pledges  or  sureties,  to  the  king  for 
each  other's  good  behavior,  and  were  bound  to  have  any  offender 
within  their  district  forthcoming.  One  of  the  principal  inhabitants 
of  the  tithing  was  annually  appointed  to  preside  over  it,  entitled 
tithingman  or  headborough,  being  supposed  the  most  discreet  man 
within   it.'      As  ten   families   constituted  a  tithing,   so  ten  tithings 

(l)lBl.Com.,  114. 


VUl  INTEODUCTION. 


formed  a  hundred,  governed  by  a  high  constable  or  baihfF;  and  an 
indefinite  number  of  hundreds  composed  a  shire.^ 

Tithings,  towns  or  vills,  were  in  law  of  the  same  signification. 
The  word  town  or  vill  has,  it  seems,  by  the  alteration  of  times  and 
languages,  now  become  in  England  a  generical  term,  comprehending 
under  it  the  several  species  of  cities,  boroughs  and  common  towns. 
A  city,  says  Blackstone,  is  a  town  incorporated,  which  is  or  hath  been 
the  see  of  a  bishop.  A  borough  is  understood  to  be  a  town,  either 
corporate  or  not,  that  sendeth  burgesses  to  parliament. 

Other  towns  there  are,  says  the  commentator,  which  are  neither 
cities  nor  boroughs ;  some  of  which  have  the  privilege  of  markets, 
and  others  not ;  but  both  are  equally  towns  in  law.  In  several  of 
these  towns  there  are  small  appendages  belonging,  called  hamlets. 
These  little  collections  of  houses  are  sometimes  under  the  same  ad- 
ministration as  the  town  itself^  sometimes  governed  by  separate  offi- 
cers, in  which  last  case  they  are  to  some  purposes  in  law  looked  upon 
as  distinct  townships. 

The  inhabitants  of  these  tithings,  towns  or  vills  in  England,  pos- 
sessed but  few  powers  or  privileges  ;  on  the  contrary,  their  officers 
were  all  appointed  from  without,  and  they  had  no  voice  in  their  local 
concerns. 

We  now  come  to  consider  the  first  rise  of  the  town  organization  in 
America.  Tliis  appears,  so  far  as  the  records  show,  to  have  been 
substantially  a  result  of  the  experience  of  practical  inconveniences, 
which  the  Puritans  took  such  means  to  remedy  as  were  suggested  to 
them  by  their  home  recollections,  but  with  whatever  modifications 
their  remarkably  direct  and  practical  common  sense  suggested. 

The  New  England  colonies  were  at  first  governed  by  a  "general 
court,"  or  legislature,  composed  of  a  governor  and  a  small  council, 
which  court  consisted  of  the  most  influential  inhabitants,  and  possessed 
and  exercised  both  legislative  and  judicial  powers,  which  were  lim- 
ited only  by  the  wisdom  of  the  holders.  They  made  laws,  ordered 
their  execution  by  officers,  tried  and  decided  civil  and  criminal 
causes,  enacted  all  manner  of  municipal  regulations,  and  in  fact  did 
all  the  public  business  of  the  colony. 

The  first  legal  enactment  to  establish  towns,  that  of  the  General 

(1)  Shire  is  a  Saxon  -word  signifying  a  division ;  but  a  county,  Comitatus,  is  plainly  derived 
from  comes,  the  Count  of  the  Franks,  that  is,  the  earl  or  alderman  (as  the  Saxons  called  him)  of 
the  shire,  to  whom  the  government  of  it  was  intrusted.  This  he  usually  exercised  by  bis  deputy, 
still  called  in  Latin  vice  cnmcs,  and  in  English  the  Sheriff,  Shrieve  or  Shire-reeve,  signifying  the 
officer  of  the  shire  upon  whom,  by  process  of  time,  the  civil  a4miniatriition  of  it  now  totally 
devolved.—!  Bl.  Com.,  117 


INTRODUCTION.  ix 


Court  of  Massachusetts,  of  March,  1G35,  so  far  as  it  indicates  any 
motive,  impUes  convenience  only  as  the  reason  of  the  law.  It  pro- 
vides that  whereas  "particular  towns  have  many  things  which  concern 
only  themselves,  and  the  ordering  of  their  own  affairs,  and  disposing 
of  business  in  their  own  town,"  therefore  "the  freemen  of  every 
town,  or  the  major  part  of  them,  shall  only  have  power  to  dispone  of 
their  own  lands  and  woods,  with  all  the  appurtenances  of  said  towns, 
to  grant  lots,  and  make  such  orders  as  may  concern  the  well  ordering 
of  their  own  towns,  not  repugnant  to  the  laws  and  orders  established 
by  the  General  Court."  They  might  also  impose  fines  of  not  more 
than  twenty  shillings,  and  "choose  their  own  particular  officers,  as 
constables,  sux-veyors  for  the  highways,  and  the  like.'"  Evidently, 
this  enactment  relieved  the  General  Court  of  a  mass  of  municipal 
details,  without  any  danger  to  the  powers  of  that  body  in  controlling 
general  measures  or  public  policy.  Probably  also  a  demand  from 
the  freemen  of  the  towns  was  felt,  for  the  control  of  their  own  home 
concerns. 

Similar  provisions  for  the  incorporation  of  towns  were  made  in  the 
first  constitution  of  Connecticut,  adopted  in  1639;  and  the  plan  of 
township  organization,  as  experience  proved  its  remarkable  economy, 
efficacy  and  adaptation  to  the  requirements  of  a  free  and  intelligent 
people,  became  universal  throughout  New  England,  and  went  west- 
ward with  the  emigrants  from  New  England,  into  New  York,  Ohio, 
and  otlier  Western  States,  including  the  northern  parts  of  Illinois. 

But  a  different  policy  determined  the  character  of  the  municipal 
institutions  of  the  southern  part  of  our  state.  This  was  the  "  county 
system."  This  plan  originated  with  Virginia,  whose  early  settlers 
soon  became  large  landed  proprietors,  aristocratic  in  feeling,  living 
apart  in  almost  baronial  magnificence  on  their  own  estates,  and  owning 
the  laboring  part  of  the  population.  Thus  the  materials  for  a  town 
were  not  at  hand,  the  voters  being  thinly  distributed  over  a  great 
area.  The  county  organization,  where  a  few  influential  men  man- 
aged the  whole  busmess  of  the  community,  retaining  their  places 
almost  at  their  pleasure,  scarcely  responsible  at  all  except  in  name, 
and  permitted  to  conduct  the  county  concerns  as  their  own  ideas  or 
wishes  might  direct,  was  moreover  consonant  with  their  recollections 
or  traditions  of  the  judicial  and  social  dignities  of  the  landed  aristoc- 
racy of  England,  in  descent  from  whom  the  Virginia  gentlemen  felt 
so  much  pride.     In  1634,  eight  counties  were  organized  in  Virginia; 

(1)  Palfrey,  History  of  New  England,  vol.  1,  p.  434. 


INTRODUCTION. 


and  the  system,  extending  throughout  the  state,  has  spread  into  all 
the  southern  states,  and  some  of  the  northern  states,  unless  we  ex- 
cept the  nearly  similar  division  into  "  districts "  in  South  Carolina, 
and  that  into  "parishes,"  retained  by  Louisiana  from  the  French 
laws. 

Illinois,  which  with  a  vast  additional  territory,  became  a  county  of 
Virginia  on  its  conquest  by  Gen.  George  Rogers  Clark,  retained  the 
county  organization,  which  was  formally  extended  over  the  state  by  the 
constitution  of  1818,  and  continued  in  exclusive  use  until  the  consti- 
tution of  1848.  Under  this  system,  as  in  other  states  adopting  it, 
most  local  business  was  transacted  by  three  commissioners  in  each 
county,  who  constituted  a  county  court,  with  quarterly  sessions.  Dur- 
ing the  period  ending  with  the  constitutional  convention  of  1847,  a 
large  portion  of  the  state  had  become  filled  up  with  a  population  of 
New  England  birth  or  character,  daily  growing  more  and  more  com- 
pact and  dissatisfied  with  the  comparatively  arbitrary  and  inefiicient 
county  system.  Under  the  influence  of  this  feeling  the  constitutional 
provision  of  1848,  and  subsequent  law  of  1849  were  enacted,  per- 
mitting counties  to  adopt  a  township  organization ;  according  to  which 
all  the  counties  north  of  the  Ilhnois  river,  and  a  large  number  south 
of  it,  have  so  organized. 

The  main  argument  for  township  organization  is,  perhaps,  its  ex- 
treme value  as  a  school  of  political  action.  The  clearest  and  best 
writer  on  American  institutions,  Alexis  de  Tocqueville,  in  liis  cele- 
brated work,  "  Democracy  in  America,"  says  :  "  Local  assemblies  of 
citizens  constitute  the  strength  of  free  nations.  Municipal  institu- 
tions are  to  liberty  what  primary  schools  are  to  science  ;  they  bring 
it  within  the  people's  reach,  they  teach  men  how  to  use  and  how  to 
enjoy  it."'  Did  space  permit,  an  astonishing  mass  of  unanimous 
testimony  to  the  same  point  could  be  cited  from  practical  statesmen, 
old  and  new,  foreign  and  native;  from  Lieber,  Malesherbes  and 
Guizot,  Webster  and  Choate,  Adams  and  Jefferson,  Sumner,  Parker, 
and  many  more.  These  small  independent  republics,  with  their 
unlimited  sovereignty  in  matters  of  local  concern,  are  the  cradles  and 
nurseries  of  that  habit  of  political  debating  and  acting,  which  is  the 
indispensable  training  of  an  intelligent  and  useful  citizen. 

It  is  not  claimed,  of  course,  that  each  township  should  exercise  so 
unbounded  an  authority  as  belonged  to  the  ancient  republics ;  but 
only  that  they  should  use  it  in  reference  to  local  matters,  which  in- 


(1)  Democracy  in  America,  chap.  6,  part  1. 


INTRODUCTION.  XI 

terest  them  only,  and  which  no  others  can  understand  or  direct  so 
well.  In  the  immense  territories  which  form  the  states  of  the  Union, 
or  in  the  Union  itself  for  federal  concerns,  it  is  impossible  for  all  the 
voters  to  meet  and  transact  the  business  of  government.  Hence  that 
modification  of  a  "  pure  democracy,"  which  has  given  us  our  repre- 
sentative system  of  government.  K  such  a  universal  meeting  were 
conveniently  practicable,  it  would  be  practiced ;  in  that  case,  no  voter 
would  delegate  by  authority  ;  but  it  is  not.  In  town  business,  how- 
ever, it  is  practicable.  The  people  of  a  township  can  readily  meet 
for  conference,  and  discuss  and  decide  all  the  multitude  of  local 
interests  which  concern  their  township,  with  a  far  better  understand- 
ing of  them  than  any  agent  or  representative  could  exercise. 

The  great  extent  of  the  territory  of  the  state  of  New  York,  from 
which  the  township  system  as  adopted  in  this  state  is  chiefly  derived, 
rendered  it  impossible  or  at  least  impracticable  to  send  a  representa- 
tive from  each  town  to  the  popular  branch  of  the  state  legislature,  as 
was  done  in  the  New  England  states.  Under  these  circumstances, 
an  intermediate  board  was  created  in  each  county,  called  a  board  of 
supervisors,  and  composed  of  one  delegate  from  each  town.  This 
board  formed  a  deliberative,  or  kind  of  legislative  body,  taking  a  large 
portion  of  the  powers  delegated  in  the  New  England  States  to  the 
state  legislatures.  It  has  been  made  an  objection  to  this  plan  of 
organization,  that  it  increases  the  expense  of  transacting  the  business 
of  the  county.  But  the  answer  is  believed  conclusive ;  that  the  only 
additional  expense,  if  any,  arises  from  the  excess  of  compensation 
paid  to  the  additional  members  of  the  county  board ;  while  the  fact 
is  that  the  business  of  the  county  is  much  reduced  under  the  town 
organization,  and  not  one-fourth  of  the  time  is  required  to  transact 
the  business.  Besides,  a  cheap  government  is  not  necessarily  the 
best.  Cheapness  is  not  the  primary  object  in  choosing  a  government, 
but  excellence.  If  cheap  governments  were  the  only  thing  required, 
we  should  abolish  the  legislative  branch  of  our  state  government,  and 
leave  our  laws  to  be  made  by  the  executive  or  the  supreme  court. 
Or,  which  would  be  still  cheaper,  perhaps,  we  could  let  out  the  making 
of  our  laws  by  contract  and  competition  to  the  lowest  bidder,  or  to 
whomsoever  would  pay  the  state  most  for  the  privilege.  There  would 
be  no  want  of  proposals. 

It  has  just  been  observed  that  the  township  system  as  adopted  in 
this  state  is  the  same  as  that  of  the  state  of  New  York,  which  differs 
in  some  respects  from  that  of  New  England,  and  may,  perhaps,  be 
r*insidered  to  some  extent  an  improvement  upon  the  system  in  those 


Xll  ■  INTRODUCTION. 


"states.  But  in  all  these  states,  various  questions  have  from  time  to 
time  arisen  under  the  peculiarity  of  the  law,  for  the  determination  of 
the  courts ;  the  adjudications  of  which  may  be  gathered  from  the 
reports  of  cases  determined,  and  serve  as  a  precedent  or  guide  for 
such  other  states  as  may  adopt  a  Hke  system.  In  the  state  of  New 
York,  in  particular,  from  which  the  township  law  of  this  state  has 
been  in  most  respects  literally  copied,  the  courts,  it  would  seem,  have 
determined  nearly  every  question  of  importance  which  can  possibly 
arise  under  the  system  ; '  hence  it  has  been  the  aim  in  this  work  to 
add  full  notes  with  references  to  those  cases,  together  with  those  of 
our  own  and  other  states,  irluch  will  serve  not  only  to  guide  the  inex- 
perienced, but  may  be  found  of  much  service  to  the  profession  by 
furnisliing  a  ready  reference  to  adjudicated  cases.  The  forms  which 
have  been  adopted  as  far  as  could  be  found  applicable,  are  taken  from 
those  most  approved  in  the  state  of  New  York. .  It  is  therefore  con- 
fidently believed  that  this  portion  of  the  work  will  likewise  meet  with 
general  favor.  No  pains  or  labor  has  been  spared  to  make  a  concise 
and  perfect  legal  guide  for  town  officers,  and  others  who  mav  be  called 
upon  to  render  service  under  the  law. 

(1)  Where  a  statute  is  copied  from  one  in  another  state,  which  has  there  received  a  construe 
tion  which  is  consistent  with  the  spirit  and  policy  of  our  laws,  such  construction  may  with  pre- 
priety  be  adopted  by  our  courts. — Kigs  v-  Wilton,  13  Ills.,  15. 


LAWS    OF   ILLINOIS, 


RELATIVE    TO 


TOWNSHIP    OKGANIZATION. 


DIVISION    I. 

GENERAL    PROVISIONS    CONCERNING    TOWNSHIP    ORGANIZATION. 

AN  ACT  to  reduce  the  act  to  provide  for  Township  Organization,  and  the  j^  ^^^^  t^^^  j 
several  acts  amendatory  thereof,  into  cue  act,  and  to  amend  the  same.       1861.      "         ' 

ARTICLE    FIRST. 

PROCEEDINGS    TO    ADOPT    TOWNSHIP    ORGANIZATION. 

Section  1,     Be  it  enacted  by  the  People  of  the  State  of  Illinois,  coxinties  may 
represented  in  the  General  Assembly,  That  at  any  general  election  "^'''?  ''1'"  'T   .. 

1  1       1     11         •        1  1  •        •       1  ."^   ^  ,  ,     against  aaoption, 

that  may  be  holden  in  the  several  counties  in  this  State,  the  quah- 
fied  voters  in  any  county  may  vote  for  or  against  township  organi- 
zation in  any  county  in  this  State. 

§  2.     The  county  court,  on  petition  of  fifty  legal  voters  of  said  QnePtionofadop. 
county,  shall  cause  to  be  submitted  to  the  voters  of  the  county  the  JiXd  ou  p" ti- 
question  of  township  organization,  under  this  act,  by  ballot,  to  be  ^'^°^- 
written  or  printed,  or  pai-tly  written  or  partly  printed,  "  For  Town- 
ship Organization,"  or  "Against  Township  Organization," — to  be 
canvassed  and  returned  in  like  manner  as  votes  for  State  and 
county  officers.' 

§  3.     The  clerk  of  the  county  court  shall  enter  an  abstract  of  Election  retums. 

1  For7n  of  Petition  to  County  Court  for  submission  of  question  of  Township 
Organization. 
To  the  Honorable  the  county  court  of  the  county  of  Sangamon : 

The  undersigned,  legal  voters  of  said  county  of  Sangamon,  would  re- 
epectfully  represent,  that  in  their  opinion  the  people  of  said  county  desire  to 
adopt  township  organization  :  they  do  therefore  petition  your  honorable 
body,  to  cause  to  be  submitted  to  the  voters  of  said  county,  at  the  next  gen- 
eral election,  to  be  held  on  the  first  Tuesday  after  the  first  Monday  in  Novem- 
ber next,  the  question  of  township  organization,  that  they  may  vote  upon 
the  adoption  thereof. 

And  your  petitioners  will  ever  pray. 

Dated  this day  of ,  A.  D.  18—. 


14  GENERAL  PROVISIONS.  [DIV.  1. 

cu'rk  to  certify    the  rctums  of  said  election,  to  be  made  out  and  certified  as  in  elec- 
Stor.'^*°""      tions  for  State  and  county  officers,  record  the  same  at  length  upon 
the  record  of  the  county  court  of  the  county,  and  shall  certify  the 
same  to  the  Auditor  of  Public  Accounts. 
Majority Tote  §  4.     If  it  shall  appear,  by  the  returns  of  said  election,  that  a 

re^-iire  .  majority  of  the  legal  voters  of  said  county  are  for  township  organ- 

ization, then  the  county  so  voting  in  favor  of  its  adoption  shall  be 
governed  by  and  subject  to  the  provisions  of  this  act,  on  and  after 
the  first  Tuesday  of   April  next  succeeding:    Provided,   that  a 
majority  of  the  voters  voting  at  such  election  shall  be  taken  and 
deemed  a  majority  of  the  voters  of  said  county.^ 
County  coiirt  to       §  5.     The  county  court  shall,  at  its  next  session,  appoint  three 
sK>aeis'to°awde  Commissioners,  residents  of  the  county,  to  divide  the  county  into 
county.  towns  or  townships  ;   and  the  said  commissioners'  services  shall  be 

audited  by  the  first  board  of  supervisors,  and  paid  by  the  county. 
Manner  of  divid-  §  6.  The  commissioners  shall  proceed  to  divide  such  county 
mg  into  towns.  Jjj^q  towns,  by  making  as  many  towns  as  there  ai-e  townships,  ac- 
cording to  government  surveys.  Where  fractions  of  townships  are 
Fractional  toTm-  caused  by  the  county  lines  not  being  in  accordance  with  the  sur- 
sw?*-  veyed  townships,  then  the  commissioners  may  attach  such  fractions 

to  adjoining  towns,  where  the  number  of  inhabitants  or  the  amount 
of  territory  shall  not   be  sufficient  for  a  separate  town.     Where  a 
Frictions  may  be  surveyed  township  shall  have  too  few  inhabitants  for  a  separate 
^*""*  ■  organization,  then  such  township  may  be  added  to  some  adjoining 

town,  or  such  township  may  be  divided  between  two  or  more  towns, 
When  creeks  or   for  the  time  being.     And  when  creeks  or  rivers  may  so  divide  such 
rivers  diyide.       township  as  to  be  inconvenient  for  transacting  town  business,  then 
such  creek  or  river  may  be  made  the  town  boundary,  and  the  town 
fractions  so  formed  may  be  disposed  of  as  fractions  caused  by 
county  lines.^ 
Naming  of  tomis.      §  7.     Towns  shall  be  named  in  accordance  with  the  express 
wish  of  the  inhabitants  of  the  town  ;  and  if  there  shall  not  be  a 
degree  of  unanimity  as  to  the  name,  the  commissioners  may  desig- 
nate the  name. 
Report  of  coin-         §  8.     The  Commissioners  so  appointed  shall  make  a  written  re- 

mufloners. 

(1)  The  right  of  a  county  to  adopt  township  organization  under  the  provisions  of  our  con- 
stitution, is  expressly  made  to  depend  upon  an  afRnnative  vote  of  a  majority  of  all  the  citizens 
witliin  the  county,  entitled  to  vote  on  the  question 

The  legislature  does  not  possess  the  power  to  provide  any  other  mode  of  township  organiza- 
tion than  under  and  by  virtue  of  the  sixth  section  of  the  seventh  article  of  the  constitution 

The  power  of  the  county  court  over  a  business  of  the  county,  continues  until  the  to^vnship 
organization  is  adopted  by  an  affirmative  vote  of  a  majority  of  all  the  legal  voters  of  a  county. 
— People  V.  Broxvn  et  al.,  XI  Ills.,  478. 

This  decision  was  made  under  the  township  act  of  1849,  which  was  substantially  the  same 
as  this  act  on  the  subject  in  question,  except  that  by  tliis  act  it  is  provided  that  a  majority 
of  the  voters  voting  at  such  election  shah  be  taken  and  deemed  a  majority  of  the  voters  of 
said  county  which  is  settling  the  question  of  evidence,  by  which  to  determine  the  majority 
of  legal  voters  of  the  county  at  the  time  of  taking  the  vote. 

(2)  It  is  the  intention  of  the  law  that  the  division  of  the  county  into  towns  by  the  com- 
missioners, shall  be  made  in  accordance  with  the  lines  of  the  surveyed  or  government  town- 
ships, so  that  each  government  to\vnship  shall  be  set  off  and  erected  as  an  organized  town 
under  this  act,  and  it  is  the  duty  of  the  commissioners  to  divide  the  count}-  accordingly  ;  it 
would  seem  that  they  have  not  authoritj-  to  divide  it  otherwise.  The  instance.s  where 
they  can  depart  from  this  rule  are  clearly  expressed  in  the  above  section.  The  powers  of  the 
board  of  supervisors  subsequently  to  create  new  towns  and  change  town  boundaries,  are  not 
thus  restricted.     See  Sec.  1,  Aet.  TaiRD,  pose,  p.  17. 


ART.  1.]  PROCEEDINGS  TO  ADOPT.  15 

port  of  their  proceedings,  giving  the  names  and  bounds  of  each 
town,  and  present  such  report  to  the  clerk  of  the  county  court,  on 
or  before  the  first  day  of  March  next  succeeding.' 

§  9.     The  clerk   of  the  county  court  shall  thereupon  make  out  Fii-at  town  meet- 
notices  for  each  town,  designating  a  suitable  place  for  holding  the  '°^'' 
first  town  meeting  in  such  town,  which  shall  be  holden  on  the  first 
Tuesday  of  April  next  thereafter,  and  shall  deliver  such  notice  to 
the  sheriff  of  the  county,  who  shall  cause  the  same  to  be  posted  in  sheriff  post  no- 
not  less  than  thx-ee  of  the  most  pubhc  places  of  the  township,  and  *"^®^' 
not  less  than  fifteen  days  before  the  first  Tuesday  in  April  afore- 
said.^ 


1  Form  of  Report  of  proceedings  of  commissioners  appointed  to  divide  county 

into  Towns. 
To  the  Honorable  the  county  court  of  the  county  of  Sangamon  : 

The  undersigned,  commissioners  appointed  by  said  court  at  the  December 
term  thereof,  A.  D,  18 — ,  to  divide  said  county  of  Sangainon  into  towns, 
agreeably  to  the  statute  to  provide  for  township  organization,  respectfully 
report,  that  they  have  performed  the  duty  assigned  to  them,  and  have  divided 
said  county  into  towns  and  given  names  thereto  as  follows,  to  wit : 

All  that  territory  known  and  described  by  government  survey  as  township 
number  — ,  of  range  number  — ,  is  erected  mto  a  town  to  be  called  the  town 

of . 

All  that  territory  known  and  described,  &c.,  [continue  by  describing  each 
town  as  aforesaid.) 
All  of  which  is  respectfully  submitted. 

A.  B.,  \ 

C  D.,  >•  Commissioners. 

E.  F.,  ) 

"^  Form  of  Notice  by  Clerk  of  the  County  Court  for  first  Town  Meeting. 

TOWN    MEETING    NOTICE. 

The  citizens  of  the  town  of  Lyons.,  in  the  county  of  Cook.,  and  state  of 
Illinois,  are  hereby  notified  to  meet  at  (state  the  place  of  meeting,)  in  said 
town,  on  Tuesday,  the  — day  of  April,  A.  D.  18 — ,  being  the  first  Tuesday 
hi  said  month,  at  9  o'clock  in  the  forenoon,  and  hold  their  first  town  meeting, 
for  the  purpose  of  organizing  said  town,  in  conformity  with  the  provisions  of 
the  statuto ;  said  meeting,  when  then  and  there  convened, 

1.  To  choose  a  moderator  to  preside  at  said  r^eeting. 

2.  To  choose  a  clerk  pro  tern,  to  act  at  said  meeting. 

3.  To  elect  one  supervisor,  one  town  clerk,  one  assessor,  one  collector,  one 
overseer  of  the  poor,  three  commissioners  of  highways,  two  constables,  two 
justices  of  the  peace,  so  many  overseers  of  highways  as  there  may  be  road 
districts  created,  and  so  many  pound  masters  as  there  may  be  pounds  deter- 
mined upon  and  established  in  said  town. 

4.  To  determine  upon  and  appoint  the  place  of  holding  the  next  annual 
town  meeting. 

5.  To  {enumerate  any  further  specific  subjects  that  may  be  thought  proper, 
wpon  which  the  meeting  may  be  called  to  act,  and  conclude  by  adding,) 

And  to  act  upon  any  additional  subjects  which  may,  in  pursuance  of  law, 
come  before  the  meeting  when  convened. 

Given  under  my  hand  at  Chicago,  in  said  county  of  Cook,  this  —  day  of 
A.  D.  18—.  J  > 

Chas.  B.  Farewell, 
Clerk  of  the  County  Court  of  Cook  County. 

Note.  It  is  probably  unnecesaary  under  the  law,  to  enumerate  the  subjects  upon  which 
the  meeting  will  be  called  upon  to  act,  as  given  in  the  preceding  form,  yet  it  is  quite  proper  to 


16  GENERAL    PROVISIONS.  [dIV.  1. 

Clerks  to. trans-        §   10.     Each  clerk  of  the  countj  court  shall,  withiu  thirty  days 

com^ssi^nCTs^    after  receiving  such  report  of  the  commissioners,  transmit,  by  mail, 

report  to  auditor,  to  the  auditor  of  public  accounts  of  this  state,  an  abstract  of  such 

report,  giving  the  bounds  of  each  town  and  the  name  designated ; 

and  said  clerk  shall  record,  in  a  book  for  the  purpose,  a  description 

of  each  town  as  fully  as  the  report  of  said  commissioners. 

Similarity  of  §  11.     If  the  auditor  of  public  accounts,  on  comparing  the  ab- 

name  in  towns.    ^^^.^^^^^  ^f  jj^g  reports  from  the  several  counties,  shall  find  that  any 

two  or  more  townships  have  names  alike,  he  shall  transmit  to  the 

clerk  of  the  county  court  of  the  county  or  counties  which  have  to 

alter  the  name  or  names  of  such  town  or  towns  ;  and  the  board  of 

supervisors  of  such  county  shall,  at   its  next  meeting  thereafter, 

adopt  for   such  town  some. name  different  from  those  heretofore 

Two  towns  not  to  named,  so  that  no  two  towns  organized  under  this  act  shall  be 

'  named  alike ;  and  when  such  name  shall  be  adopted,  the  clerk  of 

the  county  court  shall  inform  the  auditor  of  public  accounts,  as 

before  directed. 

Auditor  to  record      §  12.     The  auditor  of  public   accounts  shall  make  a  record  of 

bound^es.        *^^  names  and  boundaries  of  the  several  towns  organized  under 

this  act. 

ARTICLE  SECOND. 

OF  THE  POWERS  AND  RIGHTS  OF  TOVTNS  AS  BODIES  CORPORATE. 

Capacity  of  §  J.     Each  town,  as  a  body  Corporate,  lias  Capacity : 

To"sl^e  and  be  1  ^  t.     To  sue  and  be  sued,  in  the  manner  prescribed  by  the  laws 

sued.  of  this  state. 

To  purchase  2d.  To  purchase  and  hold  lands  within  its  own  limits,  and  for 

lands.  ^i^g  ^gg   q£-  j|.g  inhabitants,  subject  to  the  power  of  the  general 

assembly. 

Make  contracts  ^d.  To  make  such  contracts,  purchase  and  hold  such  personal 
acdhoidpersoaai  property,  as  may  be  necessary  to  the  exercise  of  its  corporate  or 
proper  y.  administrative  powers.' 

To  make  orders.       4th.  To  make  such  orders  for  the  disposition,  regulation  or  use 

do  so  in  giving  notice  of  their  first  to\vn  meeting,  as  it  is  presumed  the  inhabitants  generally 
will  be  unacquainted  with  the  law ;  such  notice  ^rill,  therefore,  serve,  in  some  degree,  to 
inform  them  in  advance  as  to  their  powers  and  duties  on  the  occasion,  and  enable  them  to  be 
better  prepared  to  act. 

The  division  of  towns  into  road  districts  has  been  assigned  by  this  act  (Art.  17,  §  1,)  to  the 
commissioners  of  highways.  In  the  absence  of  such  commissioners,  however,  a't  the  first 
town  meeting,  it  has  been  the  practice  for  the  electors,  when  convened  at  such  meeting,  to 
make  this  division  themselves,  to  enable  them  to  proceed  at  the  s;ime  meeting  to  the  election 
of  overseers  of  highways.  To  wliich  end  it  is  proper  that  a  committee  of  three  or  more,  com- 
ing  from  different  parts  of  the  town,  should  be  appointed  at  an  early  hour  to  prepare  and 
report  a  plan  for  such  division. 

(1)  Where  a  contract  is  made  in  pursuance  of  a  vote  of  a  town,  but  before  the  contract  is 
performed  the  vote  is  rescinded,  it  seems  that  the  person  with  whom  the  contract  is  made  is 
not  affected  by  the  rescission,  unless  he  had  notice  thereof,  in  which  case  it  would  be  other- 
wise.    Allen  V.  Taunton,  19  Pick.,  485. 

A  town,  a.s  such,  has  no  authority  to  contract  with  a  plnnk-road  company,  or  other  cor- 
poration, granting  them  the  use  of  a  highw.ay  in  the  town;  as  a  corporation  a  town  has 
nothing  to  do  with,  and  no  interest  in  the  highways  within  its  limits  ;  the  title  to  the  soil  is 
in  individuals  ;  the  right  to  their  use  belongs  to  the  inhabitants  of  the  town,  not  exclusively, 
but  in  common  with  the  whole  public.  The  care  and  superintendence  of  highways  ha.s  been 
committed  to  certain  officers  of  the  town,  chosen  for  that  purpose,  and  vfhose  duties  are  pre- 
scribed by  law.    See  22  Barb.,  634. 


ART.  3.]  ALTERATION   OF  BOUNDARIES.  17 

of  its  corporate  property,  as  may  be  deemed  conducive  to  the  inter- 
ests of  its  inhabitants. 

§  2.     No  town  shall  possess  or  exercise  any  corporate  powers,  Restriction  of 
except  such  as  are  enumerated  in   this  act,  or  shall  be  specially  p"^''"'- 
given  by  law,  or  shall  be  necessary  to  the   exercise  of  the  powers 
so  enumerated  or  granted.^ 

§  3.     All  acts  or  proceedings  by  or  against  a  town,  in  its  cor-  Proceedings  ana 
porate  capacity,  shall  be  in  the  name  of  such  town  ;  but  every  con-  couveyancea. 
veyance  of  land  within  the  limits  of  such  town,  made,  in  any  man- 
ner, for  the   use  or  benefit  of  its  inhabitants,  shall  have  the  same 
effect  as  if  made  to  the  town  by  name.^ 

ARTICLE  THIRD. 

OF  THE  ALTERATION    OF   BOUNDARIES  AND  DIVISION  OF   TOWNS, 
AND  EFFECT  THEREOF  ON  THEIR  CORPORATE  RIGHTS. 

§  1.     The  board  of  supervisors  of  each  county  shall  have  full  and  Alteration  of 
complete  power  and  jurisdiction  to  alter  the  boundaries  of  towns,  to  boundaries  aud 
change  town  lines,  and  to  divide,  enlarge  and  to  create  new  towns,  in 
their  respective  counties,  to  suit  the  convenience  of  the  inhabitants  re- 
siding therein  ;  but  no  new  town  shall  be  created,  under  the  provis-  ism. 
ions  of  this  act,  unless  there  shall  be  at  least   thirty  legal  voters 
residing  in  such  new  town,  nor  unless  at  least  twenty  of  such  legal 
voters  of  such  town   shall  petition  for   such  alteration ;  nor  shall 
any  new  town  hereafter  be  made  or  created,  or  any  town  divided,  Petitions  for 
or  the  boundaries  of  any  town  changed  by  the  board  of  supervisors,  •changing  bound. 
within  their  respective  counties,  without  at  least  sixty  days'  notice 
thereof  has  been  given,  before  the  presentation  of  the  petition  ia57 
therefor,  by  posting  up  not  less  than  five  notices  in  the  most  public 
places  of  the  town  or  towns  interested,  and  by  also  publishing  such 
notice  at  least  once  in  some  newspaper  published  in  the  county  Notic*.' 
■wherein  said  towns  are  situated,  if  any  shall  be  published  therein. 

§  2.     In  case  any  town,  in  any  county  wherein  township  organ-  Neglect  to  elect 
ization  has  been  or  may  be  hereafter   adopted,    shall  refuse  or  **"°  *'®'^"'*- 
neglect  to  organize  and  elect  town   officers,  at  the  time  fixed  by  jg^y 
law  for  holding  annual  meetings,  it  shall  be  lawful  for  twelve  free-  ^    ,,  , , 

u    1  1  c  J.1       i^  ^  11        ,  •         r.        1  ^  '■'■y^^    Freeholders  mav 

Holders  oi  the  town  to  call  a  town  meetmg  lor  the  purposes  afore- caii  town  mostn " 

— _ . ing- 

(1)  Towns  may  be  considered  as  quasi  corporations,  with  Jinuted  powers  co-extensiTe  with 
the  duties  imposed  on  them  by  statute  or  usage,  but  restricted  from  a  general  use  of  the 
authority  which  belongs  to  corporations  by  common  law.—Rum/ord  v.  Wood,  13  Mass.,  193. 
These  organized  to\vns  or  townships  are  not  municipal  corporations  in  the  sense  which  the 
term  is  used  in  our  constitution  and  statutes.  They  are  regarded  as  quasi  corporations. 
See  Norton  X.  Peck,  S  Wisconsin  R.,'il'i. 

The  whole  power  and  capacity  of  towns,  as  corporations,  is  derived  from  and  conferred  br 
Btatute,  and  is  specified  and  confined  by  certain  functions  only.  Theu-  authority  to  conti-act 
or  assume  Uabilities  is  restricted  to  cases  where  such  action  is  necessary  for  the  exercise  of 
their  appropriate  functions  a.s  corporations,  and  their  power  to  sue  and  "be  sued  must  be  lim- 
ited to  cases  where  the  assertion  of  their  corporate  rights,  or  the  enforcement  of  their  corpo- 
rate habilities,  requires  such  proceeding. — 22  Snrb.,  684. 

_  (2)  Where  a  cause  of  action  exists  in  behalf  of  a  town,  and  no  officer  is  by  statute  author- 
ized to  prosecute  for  such  cause  of  action,  it  is  proper  for  the  electors  when  convened  at  town 
meeting  to  direct  such  action  to  be  brought,  for  which  purpose  they  may  appoint  an  agent  to 
institute  and  prosecute  the  same,  but  such  suit  must  be  brought  in  the  name  of  the  lawn. 
Cornell  v.  Guilford,  1  Den.,  610. 
9 


18 


GENERAL  PROVISIONS. 


[div.  1. 


said,  by  posting  up  notices  in  six  public  places  of  such  town,  giving 
at  least  ten  days'  notice  of  such  meeting ;  which  notice  shall  set 
forth  the  time,  place  and  object  of  such  meeting  ;  and  the  electors, 
when  assembled  by  virtue  of  such  notice,  shall  have  and  possess 
all  the  powers  conferred  upon  them  at  the  annual  town  meet- 
ing.' In  case  no  such  notice  shall  be  given,  as  aforesaid,  within 
thirty  days  after  Mie  time  for  holding  the  annual  town  meeting,  the 
board  of  supervisors  of  the  county  shall,  upon  the  affidavit  of  any 
freeholder  of  said  town,  filed  in  the  office  of  the  county  clerk  or 
clerk  of  the  board,  setting  forth  the  facts,  proceed,  at  any  regular 
or  special  meeting  of  the  board,  and  appoint  the  necessary  town 
officers  for  such  town  ;  and  the  persons  so  appointed  shall  hold 
their  respective  offices  until  others  are  chosen  or  appointed  in  their 
places,  and  shall  have  the  same  powers,  and  be  subject  to  the  same 
duties  and  penalties,  as  if  they  had  been  duly  chosen  by  the  elect- 
ors of  the  town. 

§  3.  Whenever  it  shall  be  made  to  appear  to  the  board  of 
supervisors  that  the  town  officers  appointed  by  them,  or  any  pre- 
ceding board,  as  provided  in  the  foregoing  section,  shall  have  failed 
to  qualify,  as  required  by  law,  so  fliat  such  town  can  not  become 
organized,  the  board  of  supervisors  may  annex  such  town  to  any 
adjoining  town  ;  and  the  said  town  so  annexed  shall  thereafter 
foi'm  and  constitute  a  part  of  said  adjoining  town. 

§  4.  When  a  town  seized  of  real  estate  shall  be  divided  into 
two  or  more  towns,  the  supervisors  and  assessors  of  the  several 
towns  constituted  by  such  division  shall  meet  as  soon  as  may  be 
after  the  first  town  meetings  subsequently  held  in  such  towns,  and, 
when  so  met,  shall  have  power  to  make  such  agreement  concerning 
the  disposition  to  be  made  of  such  town  property  and  the  appor- 
tionment of  the  proceeds  as  shall  be  equitable,  and  to  take  all 
measures  and  execute  all  conveyances  which  may  be  necessary  to 
carry  such  agreement  into  effect.^ 


Appointment  of 
town  officers  by 
board  of  siiper- 
visoK . 


Kiiihire  to  qnali- 

tv. 

l"«j-)7. 


Annex  to  adjoin- 
ina;  towns. 


IM  vision  of  real 
t'sttttc  and  divifi- 
ion  of  townsbipa 
1801. 


1  Form  of  Notice  hy  twelve  freeholders  calling  toum  meeting  on  default  of 
annual  meeting. 

TOWN    MEETING. 

Notice  is  hereby  given  by  the  undersigned,  freeholders  of  the  town  of 

,  in  the  county  of ,  in  the  state  of  IlHnois,  that  a  meeting  of 

the  electors  of  said  town  will  be  held  on  the  —  day  of ,  A.  D.  18 — ,  at 

{state  place)  for  the  purpose  of  electing  all  such  officers  as  said  town  may  be 
entitled  to  by  law,  and  transacting  all  such  business  a-s  the  electors  have 
power  to  transact  at  the  annual  town  meeting ;  said  town  having  neg- 
lected to  organize  and  elect  town  officers  at  the  time  fixed  by  law  for  holding 
annual  meetings,  which  meeting  will  be  called  to  order  between  the  hours 
of  nine  and  ten  o'clock  in  the  forenoon,  and  be  kept  open  until  six  o'clock  in 
the  afternoon. 

Dated  at ,  this  —  day  of ,  A.  D.  18 — . 

(7'o  be  signed  hy  twelve  freeholders. ) 

"^Form.  of  agreement  hy  Supervisors   and  Assessors  in  case  of  division  of . 
Town,  concerning  disposition  and  apportionment  of  real  estate. 
Tfiis  agreement,  made  this  —  day  of ,  A.  D.  18 — ,  by  A.  B.,  super- 
visor and  C.  D.,  assessor  of  the  town  of ,  on  the  part  of  said  town, 


AET.  3.]  ALTEEATION   OP   BOUNDARIES.  19 

§  5.     When  any  such  town  shall  be  altered  in  its  limits,  by  the  Division  of  prop. 
annexing  of  a  part  of  its   territory,  to  another  town   or  towns,  the  ariLItoed  ""^."^ 
supei'visors  and  assessors  of  the  town   from  which   such   territory 
shall  be  taken  and  of  the  town  or  towns  to  which  the  same  shall  be  i8(a.. 

and  E.  F.,  supervisor,  and  G.  H.,  assessor  of  the  town  of on  the  part 

of  said   town   of  ,  in    the    county  of  Bureau,  and  state   of  Illinois, 

witnesseth :  That  whereas  the  town   of  ,  which  formerly  comprised 

the  territory  now  composing  the  aforesaid  towns  of  and ,  has 

lately  been  divided  by  proper  authority,  into  two  towns,  named  and  styled  as 

aforesaid,  (or  as  the  case  may  be,)  and  whereas  said  town  of ,  was  at 

such  division  thereof  seized  of  the  following  real  estate,  to  wit,  {here  describe 
the  premises.)  Now  therefore  it  is  agreed  by  and  between  said  supervisors 
and  assessors  on  the  part  of  their  respective  towns,  that  said  real  estate  be 
divided  and  disposed  of  for  the  benefit  of  said  towns,  as  follows  :  that  portion 
thereof  described  as  follows,  {here  describe  it,)  shall  be  and  remain  the  prop- 
erty of  said  town  of ,  and  the  balance  thereof  described  as   follows, 

(hei'e  describe  the  remaining  portion  of  said  premises,)  be  sold  within  three 
months  from  this  date  for  the  highest  sum  which  the  same  can  be  sold  for, 

and  the  proceeds  thereof  be  paid  over  to  said  town  of . 

In  witness  whereof  said  supervisors  and  assessors  have  hereunto  set  their 
hands  and  private  seals,  the  day  and  year  first  above  written. 

A.  B.,     [seal.] 

Supervisor. 

C.  D.,      [seal.] 

Assessor. 

E.  R,      [seal.] 

Supervisor. 

G.  H.,     [seal.] 

Assessor. 

Note.  The  foregoing  form  can  be  varied  to  snit  the  circumstances  of  each  case.  What- 
•ver  agreement  is  made  by  the  supervi.«!ors  and  assessors,  should  be  reduced  to  writing  in 
proper  form,  and  a  copy  filed  with  the  town  clerk  of  each  town  interested.  AVhen  a  division 
of  the  property  is  impracticable,  it  may  be  appr.iised  by  the  supervisors  and  assessor.?,  and  the 
town  wherein  it  is  situated  may  pay  over  to  the  other  town  its  equitable  share  of  the  valuation 
and  retain  the  whole  propert,y,  when  such  course  is  deemed  most  advisable.  It  will  be  seen 
that  the  law  has  clothed  the  supervisora  and  assessors  mth  ample  authority  for  a  proper 
division  of  the  real  estate ;  it  has  authorized  them  to  make  agreement  concerning  the  disposi- 
tion thereof  and  sucli  apportionment  of  proceeds  as  shall  be  equitable,  and  to  take  all  mea.s- 
vires  and  execute  all  conveyances  necessary  to  carry  their  agreement  into  effect ;  therefore 
when  it  is  agreed  that  the  propertj'  or  any  part  thereof  shall  be  sold,  the  supervisors  and 
assessors  are  authorized  to  execute  the  conveyance.  A  question  may  arise  as  to  who  .should 
execute  the  conveyance,  whether  the  supervisor  and  assessor  of  the  town  wherein  the  real 
estate  is  situated,  in  case  of  lying  all  in  one  town,  or  whether  by  the  supervisors  and  asses.sors 
of  the  several  towns  interested.  It  Ciin  do  no  harm  for  them  all  to  join  in  the  conveyance. 
Indeed,  such  may  be  the  more  proper  course. 

Farm  of  Deed  of  Conveyance  by  Supervisors  and  Assessors  conveying  real 
estate  tvhcre  town  is  divided. 

This  indenture,  made  this   —  day  of ,  A.  D.,  18—,  between  A.  B., 

supervisor,  and  C.  D.,  assessor  of  the  town  of ,  E.  F.,  supervisor,  and 

G.  H.,  assessor  of  the  town   of  ,  which  towns  are  in  the  county  of 

Bureau,  and  state  of  Illinois,  party  of  the  first  part,  and  Joseph  W.  Harris 

of  said  county  and  state,  party  of  the  second  part,  witnesseth  :  that  whereas  * 

said  town  of  has  lately  been  divided  by  proper  authority,  and  said 

town  of erected  therefrom,  {or  as  the  case  may  be,)  and  whereas  said 

town  of was  at  the  time  of  such  division  seized  of  the  following  real 

estate,  {here  describe  the  whole  premises,)  and  whereas  it  was  agreed  by  the 
supervisors  and  assessors  of  each  of  the  aforesaid  towns,  that  the  following 
portion  of  said  real  estate' should  be  di.sposcd  of  for  the  benefit  of  said  town 

of ,  {or  as  the  agreement  may  be,)  as  being  the  equitable  share  thereof 

to  which  said  town  would  be  entitled  in  consequence  of  such  division,  to  wit. 


20  GENERAL   PROVISIONS.  [DIV.  1. 

annexed  shall,  as  soon  as  may  be  after  such  alteration,  meet  for  the 
purpose,  and  possess  the  powers  provided  in  the  last  preceding 
section. 
DiTision  of  mon-      §  6.     "Wlien  a  town,  possessed  of  or  entitled  to  money,  rights  or 
ded  OT^X^ca!"^'  credits  or  other  personal  estate,  shall  be  so  divided  or  altered,  such 
personal  estate,  including  moneys,  shall  be  apportioned  between 
1861.  the  towns  interested  therein,  by  the  supervisors  and  assessors  of 

such  to^vns,  according  to  the  amount  of  taxable  property  in  the 
town  divided  or  altered,  as  the  same  existed  immediately  before 
such  division  or  alteration — to  be  ascertained  by  the  last  assess- 
ment list  of  such  town  ;  and  such  supervisors  and  assessors  shall 
meet,  for  the  purposes  aforesaid,  as  soon  as  may  be  after  the  first 
town  meetings  subsequently  held  in  such  towns.* 

{here  describe  the  portion  of  the  premises  to  be  disposed  of.)     Now  therefore 

said  party  of  the  first  part  for  and  in  consideration  of  the  sum  of 

dollars  paid  by  said  party  of  the  second  part,  the  receipt  whereof  is  hereby 
acknowledged,  have  and  do  grant,  remise,  release,  convey  and  confirm  unto 
said  party  of  the  second  part,  and  to  his  heirs  and  assigns  forever,  all  the 

following"  described  premises,  lying  and  being  in  said  town  of ,  in  the 

county  of  Bureau  and  state  of  Illinois,  to  wit,  {hei-e  describe  the  preonises  to 
be  conveyed.)  To  have  and  to  hold  the  same,  together  with  all  and  singular 
the  appurtenances  and  privileges  thereunto  belonging  or  in  any  wise  apper- 
taining, and  all  the  estate,  right,  title,  interest  and  claim  whatever  which  said 

towns  of and ,  or  either  of  them  may  have  either  in  law  or 

equity,  to  the  only  proper  use,  benefit  and  behoof  of  the  said  party  of  the 
second  part,  his  heirs  and  assigns  forever. 

In  witness  whereof,  said  party  of  the  first  part  have  hereunto   set  their 

hands  and  seals  the  day  and  year  first  above  written. 
Signed,  sealed,  and  delivered  ) 

in  the  presence  of         )  A.  B.,     [seal.] 

Supervisor. 

C.  D.,      [seal.] 

Assessor. 

E.  F.,      [seal.] 

Supervisor. 

G.  H.,     [seal.] 

Assessor, 

Note.    The  foregoing  deed  should  be  acknowledged  in  the  usual  form. 

(1)  The  proceedings  and  doings  of  the  supervisors  and  assessors  ought  properly  to  be 
reduced  to  writing,  as  a  memorandum  showing  how  and  in  what  manner  the  money,  rights, 
credits,  and  other  personal  property  is  disposed  of,  or  apportioned,  and  how  existing  debts 
are  apportioned,  and  a  copy  filed  with  other  papers,  if  any,  with  the  town  clerk  of  each  town 
interested,  the  following  is  suggested  as  a  form  for  such  writing  or  memorandum. 

Form  of  Proceedings  of  Supervisors  and  Assessors  in  apportioning  property 
in  case  of  division  of  towns. 

At  a  meeting  of  the  supervisors  and  assessors  of  the  towns  of  ■ and 

,  -,  in  the  county  of ,  convened  at  the  office  of  the  town  cleric  of 

naidtown  of ,  on  the  —  day  of ,  A.  D.  18 — ,  {;if  adjournments  are 

had  state  the  adjournment,)  for  the  purpose  of  making  agreement  concerning 

the  disposition  of  .the  real  estate  lately  belonging  to  said  town  of , 

and  apportioning  the  proceeds  thereof  according  to  law  in  such  cases,  in 
consequence  of  a  division  of  the  original  town  of ;  also  for  the  pur- 
pose of  apportioning  between  said  towns,  the  money,  rights,  credits  and  other 
personal  property  lately  belonging  to,  and  the  debts  owing  by  said  town  of 
,  the  following  proceedings  were  had.     The  real  estate  of  said  original 


ART.  4.]  TOWN   MEETINGS.  21 

§  7.     Whenever   a  meeting  of  the   supervisors  and  assessors  Meeting  of  asses- 
of  two  or  more  towns  shall  be  required,  in  order  to  carry  into  ^^^^^'^  s^ptivi- 
effect  the  provisions  of  this  article,  such  meeting  may  be  called  by 
either  of  said  supervisors  ;  but   the   supervisor  calling  the   same  1861. 
shall  give  at  least   three  days'  notice,  in  writing,  to  all  the  other 
officers  of  the  time  and  place  at  which  such  meeting  is  to  be  held.^ 

§  8.     The  preceding    sections  shall  not,  however,  apply  to  any  Burial  ground 
cemetery  or  burial  ground,  but  the  same  shall  belong  to  the  town  ^°  ^  *^'^*"'^' 
within  which  it  may  be   situated  after  -a  division  shall  have  been  18C1. 
made. 

§  9.     Debts  owing  by  a  town  so  subdivided  or  altered  shall  be  Debts  how  appor- 
apportioned  in  the  same  manner  as  the  personal  property  of  such  ^^°'^^'-^- 
town ;  and  each  town  shall  thereafter  be  charged  with  its  share  of  1861. 
such  debts,  according  to  such  apportionment. 

ARTICLE  FOURTH. 

OP  TOWN  MEETINGS  AND  THE  POWERS  OP  ELECTORS. 

§  1.     The  citizens  of  the  several  towns  of  this  state,  qualified  byAnnuaitown 
the  constitution  to  vote  at  general  elections,  shall  annually  assemble '"''®*™°®' 
and  hold  town  meetings  in  their  respective  towns,  on  the  first  Tues- Time  of  holding. 
day  of  April,  at  such  place  in  each  town  as  the  electors  thereof,  at 

town  of was  ordered   to  be   disposed   of  and  proceeds  apportioned 

according  to  written  agreement  between  said  supervisors  and  assessors,  dated 

.     Said  town  was  found  to   be  possessed   of  money  to  the  amount  of 

•  dollars,  which  was  apportioned    as  follows,  (.itate  how  apportioned.) 

Said  town  was  found  to  be  entitled  to   money  arising  from  {.state  the  source 

from  which  the  money  is  to  he  derived)  to.  the  amount  of  dollars, 

which  was  apportioned  as  follows,  {state  how  apportioned,  aiid  continue  in 
like  manner  setting  forth  all  rights.,  credits  and  personal  property  of  the  toimi, 
and  debts  owing,  and  how  apportioned  between  the  towns.) 

A.  B.,  Supervisor  of  the 

town  of . 

C.  D.,  Assessor  of  the 

town  of . 

E.  F.,  Supervisor  of  the 

town  of . 


G.  H.,  Assessor  of  the 
town  of 


^Form  of  Notice  by  Supervisor  to  other  officers  to  meet  and  apportion  property 
in  case  of  division  or  alteration  of  town. 

To  John  Clarke,  supervisor  {or  assessor)  of  the  town  of ,  county  of 

Bureau : 

You  are  hereby  notified  that  a  meeting  of  the  supervisors   and  assessors 

of  the  towns  of  ■—  and ,  will  be  held  at,  (state  the  place  ivhere,) 

on  Monday,  the  —  day  of ,  A.  D.,  18—,  at  the  hour  of  ten  o'clock  in 

the  forenoon,  for  the  purpose  of  making  agreement  concerning  the  disposi- 
tion of  the  real  estate  lately  belonging  to  said  town  of ,  and  appor- 
tioning the  proceeds  thereof  according  to  the  law  in  such  cases,  in  conse- 
qnence  of  a  division  of  the  original  town  of ,  and  the  erection  there- 
from of  the  town  of ;  also  for  the  purpose  of  apportioning  between 

Bald  towns  the  money,  rights,  credits,  and  other  personal  property,  lately 


22 


GENERAL   PROVISIONS. 


[DIV.  1. 


Place. 
Notice. 


1861. 


Town  officers  to 
k«  elected. 


their  annual  town  meetings,  shall  from  time  to  time  appoint  ;^  and 
notice  of  the  time  and  place  of  holding  such  meeting  shall  be  given 
by  the  town  clerk,  by  posting  up  written  or  printed  notices  in  three 
of  the  most  public  places  in  said  town,  at  least  ten  days  prior  to 
said  meeting  ;  and  if  there  shall  be  a  newspaper  published  in  said 
town  such  notice  shall  be  inserted  at  least  once  therein,  prior  to 
said  meeting.^ 

§  2.     There  shall  be  chosen,  at  the  annual  town  meeting,  in 


belonging  to  said  town  of 
fully  requested  to  attend. 
Dated  at  Milo,  this  — 


— ,  at  which  time  and  place  you  are  respect- 
day  of ,  A.  D.  18—. 

JosKPH  W.  Harris, 
Supervisor  of  the  town  of . 


(1)  The  section  of  the  constitution  here  referred  to,  i^rovides  as  follows :  "  In  all  elections, 
every  white  male  citizen  above  the  ago  of  twenty-one  yeai-s,  having  resided  in  the  state  one 
year  next  preceding  any  election,  shall  be  entitled  to  vote  at  sxich  election  ;  and  every  white 
male  inhabitant  of  the  age  aforesaid,  who  may  be  a  resident  of  the  state  at  the  time  of  the 
adoption  of  this  constitution,  shall  have  the  right  of  voting  as  aforesaid ;  but  no  citizen  or 
inhabitant  shall  be  entitled  to  vote,  except  in  the  district  o/  county  in  which  he  shall  actu- 
ally reside  at  the  time  of  such  election. — Const.,  Art.  vi.  §  1. 

A  town  meeting,  wlien  properly  convened  at  the  place  appointed  at  the  last  annual  town 
meeting,  may,  by  a  vote  of  a  majority  of  the  electors  present,  adjourn  to  anj'  other  part  of 
the  town  if  desired  for  convenience,  and,  having  again  c6nvened  pureuant  to  adjournment, 
may  proceed  with  the  business  of  the  day  ;  but  the  vote  for  such  adjournment  should  not  be 
taken  before  the  hour  of  ten  o'clock  in  the  forenoon  at  least ;  sufficient  time  ought  to  be 
afforded  for  a  full  expression  of  the  electors,  and  in  towns  where  meetings  have  not  usually 
convened  until  a  later  hour,  then  such  vote  should  not  be  taken  until  the  arrival  of  the 
usual  hour  of  meeting. —  Gould  v.  Baker,  8  Cowen,  286.  But  the  meeting  could  not,  of 
course,  adjourn  to  another  day. 

In  Cook  county  the  annual  town  meeting  is  held  by  special  law  on  the  first  Tuesday  after 
the  first  Monday  in  November.     See  "  Local  and  Special  Provisions,"  Div.  vi.,  post. 

"^Forin  of  Notice  for  Annual  Tovm  Meeting. 

ANNUAL    TOWN    MEETING. 

The  citizens,  legal  voters  of  tlje  town  of  Waukegan,  in  the  county  of  Lake 
and  state  of  Illinois,  are  hereby  notified  that  the  annual  town  meeting  for 
said  town  will  be  held  at  the  town  hall,  {state  the  flace  where,)  in  said  town, 
on  Tuesday,  the  —  day  of  April  next,  being  the  first  Tuesday  in  said  month, 
for  the  pui-poses  following : 

1.  To  choose  a  moderator  to  preside  at  said  meeting. 

2.  To  elect  one  supervisor,  one  town  clerk,  one  assessor,  one  collector,  one 
overseer  of  the  poor,  one  commissioner  of  highways,  two  constables,  two 
justices  of  the  peace,  so  many  overseers  of  highways  as  there  are  road  dis- 
tricts in  said  town,  and  so  many  pouud  masters  as  the  electors  may  deter- 
mine. 

3.  To  [add  any  further  specific  subjects  upon  which  the  meeting  may  be 
squired  to  act  that  may  be  thought  proper,  and  conchide  by  adding)  and  to 
act  upon  any  additional  subjects  which  may,  in  pursuance  of  law,  come 
before  said  meeting,  at  the  proper  time,  when  convened. 

Which  meeting  will  be  called  to  ord.er  between  the  hours  of  nine  and  ten 
o'clock  in  the  forenoon,  and  be  kept  open  until  six  o'clock  in  the  afternoon. 

Given  under  rfiy  hand  at  Waukegan,  this  —  day  of ,  A.  D.  18 — . 

J.  M.  Truesdell,  Town  Clerk. 

Note. — The  foregoing  form,  like  that  given  for  the  first  town  meeting,  ante,  page  15,  no 
doubt  contains  more  tlian  the  law  actually  requires  ;  but  it  is  advisable,  in  giving  notices  of 
this  kind,  to  state  the  general  objects  of  the  meeting ;  it  affords  a  better  nndei-standinj; 
beforehand,  and  calls  the  attention  of  those  concerned  more  immediately  to  the  law,  by 
which  they  are  better  prepared  to  act  when  the  appointed  time  arrives.  It  is  also  advisable 
to  state  the  time,  as  fixed  by  law,  for  convening  or  calling  the  meeting  to  order. 

The  following  is  a  shorter  form,  which  is  suggested  as  being  a  substantial  comphance  with 
the  law  in  giving  p.otice  for  the  annual  town  meeting,  which  may  be  used  when  desired : 


ART.  4.]  TOWN  MEETlJ^GS.  23 

eacli  town,  one  supervisor,  one  town  clerk,  one  assessor,  one  col-  isei. 

lector,  one  commissioner  of  highways,  two  constables,  two  justices 

of  the  peace,  as  many  overseers  of  highways  as  there  are  road  dis-^^'''' 

tricts  in  the  town,  and  so  many  pound  masters  as  the  electors  may 

determine :  j)rov^ded,  that  justices  of  the  peace   and  constables 

shall  be  elected  only  once  in  four  years,  except  to  fill  vacancies ; 

and  such  justices  and  constables  shall  be  successors  to  precinct 

justices  and  constables:    2)rovided  further,  that  any  town  having A*^^^'*'<^'-*' '*"^^'- 

eight  hundred  or  more  legal  voters  shall  be  entitled  to  elect  one  isoi." 

additional  supervisor,  styled  assistant  supervisor.^ 

§  3.     In  all  towns  having  a  population  of  more  than  two  thou-  AdtUtionai  .iu,-ti- 
sand  inhabitants,  it  shall  be  lawful   for  the  qualifiecl  voters  thereof  ^;^;'J^|;f^,':'"'  '""^ 
to  elect  one  justice  of  the  peace   and  one  constable  for  each  and  iss* 
every  thousand  of  its  inhabitants,  until  the  population  shall  reach 
five  thousand,  after  which  the  number  of  justices  of  the  peace  and 
constables  shall  not  be  increased.-      Said  justices  of  the  peace  and 
constables  shall  be  elected  in  the  same  manner  and  shall  hold  their 
offices  for  the  same  term  of  time  as  other  justices  of  the  peace  and 
constables.     Said  justices   of  the  peace  shall  be  commissioned  by 
the  governor,   and   shall   have    the    same  jurisdiction,  power  and 
authority,  and  be  subject  to  the  same  liabilities  and  shall  execute 

Another  fai-m  of  Notice  for  Annual  Town  Meeting. 

ANNUAL    TOWN    MEETING. 

The  citizens,  legal  voters  of  the  town  of  Silver  Creek,  in  the  county 
Stephenson,  and  state  of  Illinois,  are  hereby  notified  thai  the  annual  town 
meeting  for  said  town  will  be  held  at,  (state  the  place  where,)  on  the  —  day 
of  April,  A.  D.  18 — ,  being  the  first  Tuesday  in  said  month,  for  the  purpose 
among  other  things  of  electing  the  following  officers,  {Jiere  enumerate  the  toion 
officers  to  be  cho'ien,)  and  for  the  transaction  of  all  such  other  business  as 
may,  in  pursuance  of  law,  come  before  such  meeting  when  convened;  which 
meeting  will  be  called  to  order  between  the  hours  of  nine  and  ten  o'clock  in 
the  forenoon,  and  be  kept  open  until  six  o'clock  in  the  afternoon. 

Given  under  my  hand  at  Silver  Creek,  this  —  day  of  March,  A.  D.  18 — . 

F.  D.  "Bulkley,  Town  Clerk. 

(1)  For  powers  of  assistant  supervisors,  see  Article  8,  See.  10,  post.  Several  cities  and 
incorporated  villages  of  the  state  have  authority  to  elect  supervisors  in  addition  to  those  pro- 
vided by  this  act  The  city  of  Galena,  by  charter,  amended  1861,  is  allowed  one  supervisor 
for  each  ward.  The  city  of  VVaukegan,  by  charter,  1859,  is  allowed  one  supervisor  for  each 
ward.  The  village  of  Naperville,  by  special  act  of  1855,  i.'*  allowed  one  supervisor.  In  the 
village  of  Woodstock,  McIIeary  county,  by  charter,  1852,  the  president  of  the  board  of 
trustees  is  by  virtue  of  office,  a  member  of  the  board  of  supervisors  of  the  county.  The  vil- 
lage of  Antioch,  Lake  coanty,  by  charter,  1857,  is  allowed  one  supervisor.  In  the  village  of 
Palo,  Ogle  county,  the  president  of  the  board  of  trustees  is  a  member  of  the  board  of  super- 
visors of  the  county,  by  virtue  of  office  ;  and  there  may  be  other  cities,  villages  and  towns 
in  the  state  entitled  to  additional  supervisors,  by  special  law,  not  here  enumerated.  See 
Article  13th,  Sections  3  and  11,  post,  giving  to  the  cities  of  Chicago  and  Peoria,  one  super- 
visor, in  each  ward,  and  to  the  towns  of  East  and  West  Galena,  each  an  additional  supervisor. 

(2)  If  a  town  fails  or  neglects  to  elect  the  number  of  justices  or  constables,  to  which  it 
would  be  entitled  under  the  law.  and  should  elect  a  less  number,  having  had  a  fuU  number 
for  the  preceding  term,  tliis  would  o\ist  all  those  of  the  previous  term  ;  neither  could  hold 
overon  the  ground  that  no  one  had  been  elected  in  his  place. — Platnerv.  Jones,  17  Wend.,  81 
If  in  a  town  having  three  justices  and  three  constables,  the  electors  should  at  any  timesee 
fit  to  elect  only  two  instead  of  three,  it  would  oust  ail  those  of  the  preceding  year,  notwith- 
standing the  number  for  the  preceding  year  may  have  been  three ;  neither  of  them  can  hold 
over  on  the  pretence  that  no  one  is  chosen  in  his  place. — Peopley.  Jones,  17  Wend.,  81. 


24 


GENERAL   PROVISIONS. 


[div.  1. 


bond  and  be  sworn  in  the  same  manner  as  other  justices  of  the 
peace. 

§  4.  The  assessor  and  commissioners  of  highways,  elected  in 
every  town,  shall,  by  virtue  of  their  office,  be  fence  viewers  of 
such  town.* 

§  5.     The  electors  of  each  town 
annual  town  meetings  •? 

1st.  To  determine  the  number 
locality  of  pounds. 

2d.  To  elect  such  town  officers  as  may  be  required  to  be 
chosen. 

3d.  To  direct  the  institution  and 
equity  in  all  controversies  between 
individuals  or  other  towns.' 

4th.  To  direct  such  sum  to  be  raised  in  such  town  for  prose- 
cuting or  defending  such  suits,  or  for  the  support  and  maintenance 
of  roads  and  bridges,  or  for  any  other  purpose,  as  they  may  deem 
necessary  ;<  also,  to  authorize  and  require  the  commissioners  of 
highways  to  assess  a  road  tax  on  all  real  estate  and  personal  prop- 
erty liable  to  taxation  in  the  town,  to  any  amount  not  exceeding 
thirty  cents  on  each  hundred  dollars'  worth,  as  valued  on  the 
assessment  roll  of  the  previous  year. 

5th.  To  take  measures  and  give  directions  for  the  exercise  of 
their  corporate  powers. 

6th.  To  make  such  provisions,  by-laws  and  regulations  and 
allow  such  rewards  for  the  destruction  of  Canada  thistles  or  nox- 


Fence  yiewers. 

Powers  of  elect- 
ors. 

Pounds. 
Town  officers. 
Suita. 


Expense  of  con- 
ducting suits. 

Roads  and 

briilges. 

1854. 

Jtoad  tax. 

1S57. 

1861. 


Exercise  powers 


Canada  tliistlea 
and  weeds. 


shall  have  power,  at   their 
of    pound   masters   and   the 


defense  of  suits  at  lav/  or  in 
such  town  and   corporation. 


(1)  For  powers  and  duties  of  fence  viewers,  see  "  Inclosdres  and  Fences,"  Drv.  III.  jiost. 

(2)  The  powers  of  the  electors  to  bind  the  town  are  conferred  by  statute,  and  are  limited  to 
such  acts  as  are  prescribed  by  law. —  Corntlly.  Guilford,  1  Den.,  510. 

It  is  held  in  Massachusetts  that  a  town  may  indemnify  its  officers  against  a  liability  which 
they  may  incur  in  the  bona  fide  discharge  of  their  duties,  although  it  tiirn  out  that  they 
have  exceeded  their  legal  rights  and  authority. — ^Bancroft  v.  Lynfield,  18  Pick.,  566. 

The  electors  at  town  meetings  cannot  direct  an  officer  of  the  town  to  perform  any  act  which 
by  law  he  has  not  authority  to  perform,  nor  to  act  in  any  other  manner,  in  the  performance 
of  his  duty,  than  that  which  is  pointed  out  by  law. — Keen  v.  Stetson,  5  Pick.,  492. 

In  Cook  county,  in  the  towns  of  North  Chicago,  West  Ciiicago,  and  South  Chicago,  the 
powers  here  given  to  the  electors,  are  conferred  upon  the  bottrd  of  town  auditors,  with  assist- 
ant and  ward  supervisors.     See  "  Local  and  specl^l  provisions,"  Div.  VII.,  post. 

(3)  It  is  held  in  New  Hampshire,  that  towns  have  a  qualified  interest  in  the  roadways  and 
bridges  they  have  erected,  and  niaj'  maintain  an  action  on  the  case  for  the  destruction  or  ob- 
struction of  the  road,  or  the  conversion  of  the  materials. —  Town  of  Troy  v.  Cheshire  R.  R. 
Co.,  3  Porter,  83. 

Held  in  Massachusetts  that  it  is  competent  for  the  inhabitants  of  a  town  to  take  upon 
themselves  the  expense  of  a  suit  against  their  agent  or  servant  in  which  the  interests  of  the 
town  are  directly  involved.  Where  the  servants  of  the  town  have  made  mistakes,  which  have 
rendered  them  Uable  at  law,  that  it  is  legal  and  proper  for  the  town  to  meet  the  expense. — 
Babbitt  et  al  v.  Savny,  3  Cush.,  530. 

No  action  lies  agaiust  a  town  for  an  injury  to  horses  occasioned  by  the  sufiFering  of  a 
pubUc  highway  to  become  out  of  repair,  and  in  a  ruinous  and  unsafe  condition ;  and  the 
electors  at  town  meeting  have  no  authority,  and  can  not,  bj'  a  majority  vote,  bind  the  town 
by  agreeing  to  pay  to  the  owner  his  damages  he  has  sustained  by  such  injuries.  The  town 
could  not  be  made  liable,  it  seems,  without  some  express  statute  to  that  effect.  In  most  of 
the  New  England  states,  such  a  statute  exists. — See  Morey  v.  Newfane,  8  Barb.,  645;  also,  17 
Johns.,  452. 

If,  after  a  vote  of  the  town  not  to  defend  an  action  brought  against  it,  the  supeiwisor  or 
person  representing  the  town,  shaU  nevertheless  make  a  defence,  he  will  not  be  a  competent 
witness  in  the  action,  for  he  will  be  bound  to  indemnify  the  town  against  the  costs  of  the  de- 
fence.— Emerson  v.  Newberry,  13  Pick.,  377. 

(4)Thi8  provision  for  raising  money,  was  contained  in  the  amendatory  act  of  18-54,  and  is  here 
re-enacted.  It  is  apprehended  however  that  the  electors  would  not  have  authority  to  direct 
the  raising  of  money  for  any  purpose  in  which  the  town  was  not  immediately  interested,  and 
directly  benefited. — See  People  ■<i.  Works,  7  irenrf.,486. 


ART.   4.]  POWERS   OF   ELECTORS.  25 

ious  weeds  as  they  may  deem  necessary,  and  to  raise  money  there- 
for ;  also  to  impose  such  penalties  as  they  may  think  proper,  not 
exceeding  twenty-five  dollars  for  each  offence,  for  a  violation  of 
any  provisions,  by-laws  or  regulations  made  as  aforesaid. 

7th.  To   estabHsh  and  maintain  pounds  at  such  places  within  Pounds  estab- 
the  town  as  may  be  deemed  necessary  and  convenient,  and  discon-iis'^'^'i'^dJ'-'con. 

i     ^,  .  "^  '  tinued. 

tmue  any  pounds  therem.  18gi. 

8th.  To    restrain    or    pi'ohibit    the    running  at  large  of  cattle,  Restraining  of 
horses,  mules,  asses,  hogs,   sheep  or  goats;  to  authorize  the  dis- ^^'^^j^'^*^  °^'^"^' 
training,  impounding  and  sale  of  the  same  for  penalties  incurred  18G1. 
and  the  costs  of  the   proceedings,  and  to  determine  the  time  and 
manner  in  which  such  animals  may  go  at  large.  ^ 

9th.  To  make   rules  and  regulations   for  ascertaining  the  suffi-  Fences, 
ciency  of  all  fences  in  such  towns,  and  to  determine  what  shall  be  1357. 
a  lawful  fence  within  such  town.* 

10th.  To  impose   such  penalties   on  persons   offending  against  Penalties. 
any  rule,  regulation  or  by-laws,   established  by  such  town,  except 
such  as  relate  to  the  keeping  and   maintaining  of  fences,  as  they  j^cept  fences 
may  think  proper,  not  exceeding  ten  dollars  for  each  offence,  unless  jgg^ 
a  different  penalty  is  provided  by  law,  and  to  remit  or  refund  pen- 
alties incurred  or  paid. 

11th.  To  apply   all  penalties,  when  collected,   in  such  manner  Apply  penalties. 
as  they  may  deem  most  conducive  to  the  interests  of  the  town. 

12th.  To  make  all  such   by-laws  as  may  be  necessary  to  carry  By-iaws. 
into  effect  the  powers  herein  granted.      Whenever   the   electors  of 
any  town   shall  determine,  at  town   meeting,  to  erect  one  or  more  pouna  master 
pounds  therein,  the  same  shall  be  under  the  care  and  direction  of  ^^^^e  care  of 
such  pound  masters  as  shall  be  chosen  or  appointed  for  that  pur-  ^°"°   ' 
pose. 

§  6.     The  sale  of  animals   distrained   or  impounded,  under  the  saie  of  animals 
provisions  herein,  shall  be  conducted  as  near  as  may  be  according  "^pounded. 
to  the  law  regulating  sales  of  property  by  constables  under  execu-i^^l- 
tion.^     The  owner  of  such  animals  shall  have  the  right  to  redeem 

(1)  Tlie  rule  of  the  common  law,  which  requires  the  owner  of  cattle,  horses  and  other  ani- 
mals, to  keep  them  oa  his  osvn  l«nd,  is  not  in  force  in  IlUnois. —  Seeleyy.  Peters,^  Gilm., 130  ;   ■ 
Misncr  v.  Ligktnell,  13  Ills.  609.     Therefore   the   legislature  has  giren  to  towns  the  power  to 
restrain  and  prohibit  such  animals  from  going  at  large,  should  they  tliink  proper  to  do  so. 

There  is  no  general  law  in  Ilhnois  prohibiting  such  animals  as  aie  enumerated  in  this  section 
from  running  at  large  in  the  highway. —  Seeleyy.  Peters,  5  Gilm., 130. 

A  vote  of  a  town  to  restrain  cattle  or  other  animals  from  going  at  large  within  the  limits  of  the 
town  is  billing  upon  persons  not  inhabitants,  whose  animals  are  found  going  at  large. —  Gii- 
more  v.  Holt,  4  Pick.,  253. 

Any  by-law  of  a  town  declaring  that  all  hogs  should  be  kept  up,  only  extends  to  prevent  hogs 
from  going  at  large  on  the  highway;  and  it  seems  that  a  town  has  no  power  to  prevent  the  in- 
habitants from  allowing  their  own  hogs  and  other  animals  to  go  at  large  upon  their  own  land. — 
SJiepartl  v.  H<ies,  12  Johns.,  433. 

(2)  In  order  to  maintain  an  action  of  trespass  for  damage  done  by  cattle  or  other  animals,  the 
owner  of  the  close  must  show  that  it  was  protected  by  a  good  and  sufficient  fence. — Seeleyy. 
Peters,  5  Gilm.,  1.30 ;  Misner  v.  LieMnell  13  Ills.,  74.  Or  such  a  fence  as  the  electors  of  the 
town  had  determined  to  be  a  lawful  fence. 

Where,  in  a  field  occupied  by  several  persons,  there  is  an  inner  fence,  one  of  the  occu- 
pants of  tlie  field  can  not  remove  sv.ch  inner  fence  at  pleasure,  although  he  may  be  the  owner 
thereof,  without  rendering  himself  liable  to  his  co-occupant  for  any  damages  resulting  there- 
from. Nor  is  it  any  defence  to  an  action  of  trespass,  growing  out  of  the  removal  of  the  inner 
fence,  to  show  that  the  complaining  party  was  bound  to  keep  the  outer  fence  in  repair,  or 
that  he  might  have  repaired  the  s;une  at  small  expense. — Buckmaster  v.  Cool.  12  Ills  ,  74. 

(3)  The  law  regulating  sales  of  property  by  constables  under  execution,  provider  that  tha 
constable  "  shaU  appoint  a  day  and  hour  for  the  sale  of  said  property,  giving  ten  days'  pr^ 


iayra 
18G1 


26  GENERAL   PEO VISIONS.  [DIV.  1. 

Redemption.  the  Same  from  the  purchaser  thereof,  any  time  within  three  months 
from  the  date  of  sale,  by  paying  the  amount  of  the  purchaser's  bid, 
with  interest  thereon  at  the  rate  of  ten  per  cent,  per  annum. 
PubUcatiouofby-  §  7.  It  shall  be  the  duty  of  the  town  clerk  to  cause  all  by-laws, 
rules  aud  regulations  of  the  town,  within  twenty  days  after  their 
adoption,  to  be  pubUshed  by  posting  in  three  public  places  in  the 
town ;  also,  if  the  town  shall  so  direct,  causing  the  same  to  be  in- 
serted once  in  a  newspaper  published  in  the  town,  if  any  there 
shall  be;  if  not,  then  in  any  newspaper  published  in  the  county; 
but  all  such  by-laws,  rules  and  regulations  shall  take  effect  and  be 
in  force  from  the  date  of  being  adopted,  unless  otherwise  directed 
by  the  electors  of  the  town. 
Special  town  §  8.     Special  town  meetings  shall  be  held  when  the  supervisor, 

mee  mgs.  town  clerk  and  justice  of  the  peace,  or  any  two  of  them,  together 

When  may  be      with  at  least  tvvelvc  freeholders  of  the  town,  shall,  in  writing,  file 
-  in  the  office  of  the  town  clerk  a  statement  that  a  special  meeting 

is  necessary  to  the  interest  of  the  town,  setting  forth  the  object  of 
the  meeting ;  and  the  town  clerk,  or,  in  case  of  his  absence,  the 
Notice.  supervisor,  shall  post  up  notices  in  five  of  the  most  public  places 

in  the  town,  giving  at  least  ten  days'  notice  of  such  special  town 
meeting,  setting  forth  the  object  of  the  meeting,  as  contained  in  the 
statement  filed  in  his  office.  Such  notice  shall  likewise  be  inserted 
at  least  once  in  a  newspaser  published  in  the  town,  if  any  is  pub- 
meeUng.^°^*^"°  ^i^^^ied  therein.  The  place  of  holding  special  town  meetings  shall 
be  at  the  place  where  the  last  annual  town  meeting  was  held ;  but 
in  case  such  place  shall  be  found  inconvenient,  the  meeting  may 
adjourn  to  the  nearest  convenient  place.^ 

vious  notice  of  such  sale,  by  adyertisement  in  -writing  to  be  posted  up  at  three  of  the  most 
public  places  in  the  county  ;  and  on  the  day  so  appointed,  the  said  constable  shall  .'eU  the 
property  so  le^aed  on,  or  so  much  thereof  as  may  be  necessary  to  pay  the  debt,  interest  and 
costs,  to  the  highest  bidder." — Rev.  Stat.,  326  Sec.  79.  The  property  should  be  sold  by 
the  pound  master,  in  the  town,  at  some  couvenieut  public  place  to  be  set  forth  in  the  notice 
of  sale.    The  following  may  be  the  form  of  the  notice  of  sale. 

Form  of  Pound  Master'' s  Notice  of  Sale. 

POUND    master's    sale. 

Notice  is  hereby  given  that  the  undersigned,  pound  master,  for  the  town  of 
Magnolia,  in  the  county  of  Putnam,  and  state  of  Illinois,  by  virtue  of  autlior- 

ity  in  him  vested,  will  on  the —  day  of A.  D.  18 — ,  at  the  hour  of  — 

o'clock,  M.  at  (state  place)  in  said  town,  offer  for  sale,  and  sell  to  the  highest 
bidder  the  following  described  animals,  to  wit:  [describe  the  atmnals  particu- 
larly) said  animals  having  been  duly  distrained  and  impounded,  for  a  fine  of 

dollars  incurred  in  consequence  of  the  same  running  at  large  in  said  town 

contrary  to  the  by-laws  thereof.  Said  animals  will  be  sold  as  aforesaid  in  sat- 
isfaction of  said  fine  and  costs  of  proceedings. 

Dated  this— day  of A.  D.  18  —  . 

John  Smith,  Pound  Master. 

1  Form  of  statement  to  be  filed  hi  the  office  of  town  clerk,  for  Special  Town 
Meeting. 

The  undersigned,  town  officers  and  twelve  freeholders  of  the  town  of 
Wayne,  in  the  county  of  Pu  Page,  do  state  that  a  special  town  meeting  is 
necessary  to  the  interest  of  said  town  for  the  purpose  of  (here  set  forth  the 
object  of  the  meeting.) 


ART.  4.]  CONDUCTING   TOWN   MEETINGS.  •  27 

§  9.     The  electors,  at  special   town   meetings,  when  properly  rower  of  elector*. 
convened,  shall  have  power  : 

1st.     To  fill  vacancies  in  the  office  of  justices  of  the  peace,  and  To fiu  vacancies. 
to  fill   vacancies   in   the  office  of  constable,  or  any  town   officer,  18G1. 
where  the  same  shall  not  have  been  already  filled  by  appointment. 

2d.     To  provide  for  raising  money  for  repairing  highways  or  To  raise  money- 
building  or  repairing  bridges,  in  cases  of  emergency,  and  to  direct isei"  °^' 
the  building  or  repairing  thereof. 

3d.     To  act  upon  any  subject  within  the  power  of  the  electors  To  transact  un- 
at  the  annual  town  meeting,  which  was  postponed  at  the  preceding  *'"*^''^^^"*'^ 
annual  town  meeting,  to   be  considered  at  a  future  special  town 
meeting,  for  want  of  time.     But  special  town  meetings  shall  have  Restriction  of 
no  power  to  act  on  any  subject  not  embraced  in  the  statement  and  p°^''*"^- 
notice  calling  the  same. 

We  would  therefore  request  that  immediate  notice  be  given  thereof ;  and 

thnt  such  meeting  be  heUl  on  the ■  day  of ,  A,  D.  18 — . 

Witness  our  hands  this day  of  ,  A.  D.  18 — . 

Luther  Bartlf.tt,  Supervisor. 
S.  W.  MoFFATT,  Town  Clerk. 
Charles  Smith,  )  t    i-         c  1.1.    t, 
John-  Gloss,        \  ^"^'^^^^  «^  *^^  ^^'^'^''- 
(Names  of  12  others,)  Freeholders  of  the  town, 

Form  of  Notice  for  holding  Special  Town  Meeting. 

SPECIAL    town    meeting. 

Whereas,  the  supervisor,  town  clerk  and  justices  of  the  peace  (or  as  the 
case  inau  be)  together  with  twelve  freeholders  of  the  town  of  Wayne,  have, 
in  writing,  filed  in  my  office  a  statement  that  a  special  town  meeting  is  neces- 
sary to  the  interest  of  said  town,  setting  forth  the  object  of  the  meeting. 

The  inhabitants,  legal  voters  of  the  said  town  of   Wayne,   are  therefore 

hereby  notified,  that  a  special  town  meeting  will  be  held  at ,  on  the 

—  day  of  ,    A.  D.  18 — ,  at  9  o'clock  in  the  forenoon ;  for  the  pur-  . 

poses  following,  to  wit : 

To  {hercermmcrate  specifically  in  proper  order  the  siibjects  to  be  acted  upon 
as  contained  in  the  statement  filed.) 

Being  the  objects  contained  in  the  said  statement  filed  in  my  office. 

Given  under  my  hand  at  Wayne,  this  —  day  of A.  D.  18 — . 

S.  W.  MoFFATT,  Town  Clerk. 

\OTE.  The  notice  should  contain  substantially  the  same  objects  set  forth  in  the  request 
for  the  special  meeting. 

It  is  held  in  New  York  that  special  town  meetings  have  no  juristUction  to  act  upon  any- 
subject  not  spocially  conferred  upon  such  meetings  by  law.  That  the  powers  conferred  upon 
the  electors  Ut,  ^.le  annu.1l  town  meeting  can  not  be  extended  by  implication  to  special  town 
meetings.  Feoplex.  Worls,  7  Wend.,  48(3.  By  the  statute  of  New  York,  special  town  meetings 
have  power,  specially  given,  to  supply  vacancies  in  certain  cases  ;  to  raise  moneys  for  the  sup- 
port of  common  schools,  or  the  poor,  when  those  subjects  were  not  acted  upon  at  the  annual 
town  meeting ;  and  to  deliberate  in  regard  to  suits  for  or  against  the  town,  and  to  raise  mon- 
eys therefor.  And  it  is  decided  that  they  have  no  other  power.— See  same  case  before  cited. 
This  decision  will  apply  with  equal  force  to  our  own  law.  It  vnW  be  observed  however,  that 
special  to\ra  meetings  have  authority  to  act  upon  any  subject  within  the  power  of  the  elec- 
tors at  the  annual  to-wn  meeting  where  the  subject  was  postponed  for  the  consideration  of  a 
special  meeting.  ■\Vhen  it  is  desired  to  postpone  the  consideration  of  any  subject  to  a  sub- 
sequent special  town  meeting,  the  proposition  should  be  reduced  to  -writing  in  the  form  of  a 
re.solution  or  order,  and  being  adopted  by  the  meeting,  should  be  recorded  by  the  clerk  upon 
the  minutes  of  the  proceedings  of  the  meeting,  that  in  case  of  controversy  it  may  be  shown 
with  certainty  what  subjects  were  postponed  or  laid  over.  The  policy  of  postponing  subjects 
for  the  action  of  special  town  meetings  should  never  be  adopted  unless  it  becomes  absolutely 
necessary  from  want  of  time  for  action  at  the  annual  meeting,  or  like  cause;  such  a  policy 
must  always  more  or  less  endanger  the  rights  of  individuals,  and  tend  to  confusion  and  dis- 
satisfaction. 


28  GENERAL   PROVISIONS.  [dIV.  1. 

Privilege  from  §  10.     During  the  day  on  which  any  annual  or  special  town 

^]^''  meeting  shall  be  held,  every  person  in  the  town,  entitled  to  vote  at 

such  town  meeting,  shall  be  privileged  from  arrest,  in  all  cases, 

except  treason,  felony  or  breach  of  the  peace. 


ARTICLE  FIFTH. 

OF    THE    METHOD    OF    CONDUCTING    TOWN    MEETINGS.' 

Hour  of  opening      §  1.     The  electors  present  at  any  time  between  the  hours  of 

town  meeting,     j^j^jg  gj^^j  ^gj^  ^^Qj  o'clock,  in  the  forenoon  of  the  day  on  which 

there  is  an  annual  or  special  town  meeting,  shall  be  called  to  order 

by  the  town  clerk,  if  there  be  one.     In  case  there  be  none,  or  he 

is  not  present,  then  the  voters  may  elect,  by  acclamation,  one  of 

Cboosa  modera-    their  number  chairman.     They  shall  then  proceed  to  choose  one 

of  their  number  to  preside  as  moderator  of  such  town  meeting.^ 
Oath  of  office  of       §  2.     Before  the  moderator  or  the  presiding  officer  of  any  town 
moderator.         meeting  shall  enter  upon  the  duties  of  his  office,  he  shall  take  an 
oath  faithfully  and  impartially  to  discharge  the  duties  of  such  office  ; 

(1)  Town  meetings  here  provided  for,  are  conventions  or  assemblies  of  the  legal  voters  of 
the  town,  forming  what  is  termed  deliberative  assemblies,  for  the  transaction  of  certain  busi- 
ness, pertaining  to  their  immediate  local  interests, — exercising  certain  inherent  powers,  not 
delegated  to  their  representatives,  each  elector  appearing  and  acting  for  himself,  and  being 
accountable  to  no  one  for  his  acts  as  such.  Meetings  of  this  kind  are  conducted  according  to 
certain  rules  which  experience  has  shown  to  be  fit  and  necessary  for  that  purpose.  The  rules 
necessary  in  conducting  the  ordinary  business  of  a  town  meeting  are  few  and  simple,  and  are 
such  as  would  occur  to  the  good  sense  of  every  man  of  ordinary  intelligence.  In  disposing 
of  business  properly  and  with  dispatch,  much  depends  upon  the  moderator  or  presiding  offi- 
cer; if  he  thoroughly  understands  his  duties,  and  performs  them  properly  and  promptly,  he 
wiU  greatly  facilitate  the  business  of  the  meeting.  The  general  duties  of  the  presiding  officer, 
as  laid  down  in  the  boolcs  of  parUamentary  practice,  are  the  following : 

To  open  the  sitting,  at  the  time  to  wliich  the  assembly  is  adjourned,  by  taldng  the  chair  and 
calling  the  members  to  order. 

To  announce  the  business  before  the  assembly  in  the  order  in  which  it  is  to  be  acted 
upon. 

To  receive  and  submit,  in  the  proper  manner,  all  motions  and  propositions  presented  by 
the  members. 

To  put  to  vote  all  questions  which  are  regvilarlj'  moved,  or  necessaiily  arise  in  the  course 
of  the  proceedings,  and  to  announce  the  result. 

To  restrain  the  members,  wlien  engaged  in  debate,  within  the  rules  of  order. 

To  enforce  on  all  occasions,  the  observance  of  order  and  decorum  among  membei-s. 

To  receive  all  messages  and  other  communications  and  announce  them  to  the  ai;scmbly. 

To  inform  the  assembly,  when  necessary,  or  when  referred  to  for  the  pui-pose,  in  a  point  of 
order  or  practice. 

To  name  tlie  members  (when  directed  bo  do  so  in  a  particular  case,  or  when  it  is  made  a 
part  of  his  general  duty  by  a  rule.)  who  are  to  serve  on  committees ;  and,  in  general. 

To  represent  and  stand  for  the  assembly,  declaring  its  wUl,  and,  in  all  things,  obeying  im- 
plicitly its  commands. —  C^isking's  Manual. 

The  moderator  wUl  find  upon  examination,  that  the  most  important  of  his  duties  have  been 
defined  by  this  act. 

It  is  made  the  duty  of  the  moderator,  .as  will  be  .seen,  to  regulate  the  business  and  proceed- 
ings of  the  meeting.  After  the  meeting  is  fully  organized,  by  the  election  and  qualification 
of  the  proper  officers,  ho  should  announce  tliat  the  meeting  is  organized  and  ready  to  proceed 
to  business,— tliat  the  first  business  in  order  will  be  tlic  opening  of  the  polls  and  proceeding 
to  the  election  of  such  officers  of  the  town  us  are  to  be  elected  by  ballot.  At  the  hour  of  two 
o'clock  P.  M.,  he  should  announce  that  the  hour  of  two. o'clock  in  the  afternoon  h.aving 
arrived,  the  general  business  of  tlie  d.ay,  as  provided  by  law,  is  in  order.  He  should  then 
direct  the  order  in  which  the  various  subjects  for  action  shall  be  taken  up,  and  announce 
each  as  it  comes  up  in  its  order  for  action. 

(2)  Should  there  be  a  failure  to  call  the  town  meeting  to  order  within  the  hour  appointed 
by  the  law.  it  could  no  doubt  be  called  to  order  at  any  time  before  the  hour  fixed  by  law  for 
closing. — Sec  Gondf II  Y.  Bak-pr,  S  Cowfv,  2S^. 

In  Cook  county  the  supervisor  of  tlie  town  is  moderator  of  the  town  meeting,  by  virtue  of 
oSBce.     See  "Local  and  Special  Provisions,'"  post,  p.  233. 


ART.  5.]  CONDUCTING   TOWN   MEETINGS.  2D 

which  oath  may  be  administered  by  the  town  clerk  or  other  proper 
officer.' 

§  3.     The  town  clerk,  last  before  elected  or  appointed,  shall  becierkofmcetiug 
the  clerk  of  the  town  meeting,  and  shall  keep  faithful  minutes  of 
its  proceedings  •,'^  in  which  he  shall  enter,  at  length,  every  order  or  Minutes  of  pro- 
direction  and  all  rules  and  regulations  made  by  such  meeting.^        eeedmga. 

(1)  In  Cook  county  the  supervisor  is  moderator.  See  "Local  and  Sp£Cial  Pr'ovisions,'' 
Div.  VII.,  post,  p.  2.39. 

J^orm  of  Oath  to  be  ad77iinistercd  to  Moderator  of  Town  Meeting. 
You  do  solemnly  swear  (or  affirm)  that  you  will  faithfully  and  impartially 
discharge  the  duties  of  moderator  at  this  town  meeting;  so  help  you  God. 

Note. — This  oath,  it  -will  be  seen,  may  be  administered  by  the  town  clerk  or  other  prop«r 
officer.  The  statute  has  determined  who  are  empowered  to  administer  oaths,  wkether  oaths 
of  office,  or  for  other  purposes.  By  the  Revised  Stiitutes,  chap.  76,  sec.  3,  it  is  enacted,  "  that 
all  courts  of  the  state,  the  judges,  justices,  notaries  public  and  clerks  of  said  courts,  within 
their  respective  districts,  circuits  or  counties,  and  the  justices  of  the  peace  within  their  coun- 
ties, shall  respectively  have  power  to  administer  all  oatlis  of  office,  and  other  oaths  required 
to  be  taken  by  any  person  before  entering  upon  the  discharge  of  the  duties  of  any  office, 
appointment,  place  or  business,  or  any  other  lawful  occasion.."' — See  Purple's  Stat.,  p.  786. 

What  is  therefore  understood  by  "  other  proper  officer,"  is  any  of  the  officers  enumerated  by 
the  section  of  the  statute  here  quoted. 

The  clerk  should  m.akc  a  record  upon  the  minutes  of  the  meeting,  of  the  fact  that  the 
moderator  was  duly  sworn  before  entering  upon  the  duties  of  his  office. 

Where,  in  pursuance  of  law,  the  oath  of  office  is  administered  to  a  town  officer  in  open  town 
meeting,  in  presence  of  the  town  clerk,  the  clerk's  record  of  the  fact  is  competent  evidence 
of  the  administration  of  the  oath. — Briggs  v.  Murdoch,  13  Pick.,  305. 

The  neglect  of  the  moderator  or  clerk  to  take  the  oath  as  prescribed,  would  not,  it  seems, 
vitiate  the  election  of  officers  at  town  meeting.  An  oath  irregularly  administered, yor  exam- 
ple, upon  a  book  other  than  the  Holy  Bible — the  parties  administering  it,  and  taking  it,  sup- 
po.sing  it  a  Bible,  is  a  valid  oath. — People  v.  Cook,  4  Seldon,  67. 

(2)  One  who  was  formerly  a  town  clerk,  but  is  no  longer  in  the  office,  can  not  amend  a  town 
record  made  by  him  when  town  clerk ;  but  if  he  continue  in  office,  he  may  amend  the  record 
of  a  previous  term ;  the  intervening  election  is  held  to  be  substantially  a  continuance  of  th» 
clerk  in  the  same  office. — Hartnelly.  Littleton,  13  Pick.,  229. 

^  Form  of  Minutes  of  Proceedings  of  Tow7i  Meeting. 

At  the  annual  town  meeting  held  in  the  town  of  Batavia,  county  of  Kane, 

aud  state  of  Illinois,  at  {state  place  of  7neeting,)  on  the  —  day  of ,  A.  D. 

18 — ,  the  meeting  was  called  to  order  hy  Frank  Crandon,  town  clerk.  N.  S. 
Young,  Esq.,  was,  on  motion  of  Mr.  C.  H.  Brow7i,  duly  chosen  to  preside  as 
moderator,  who  being  first  duly  sworn  by  A.  A.  Smith,  Esq.,  a  justice  of  the 
peace  in  said  town,  entered  upon  the  duties  of  his  office. 

The  polls  for  the  election  of  officers  were  opened,  proclamation  thereof 
being  first  made  by  the  clerk. 

At  twelve  o'clock  at  noon,  on  motion  of  Mr. ,  the  meeting  was 

adjourned  and  polls  closed  for  one  hour,  till  one  o'clock  P.  M. 

At  one  o'clock  P.  M.,  meeting  called  to  order  by  the  moderator,  and  polls 
opened,  pursuant  to  adjournment. 

The  hour  of  two  o'clock  in  the  afternoon  having  arrived,  and  the  general 
business  of  the  day  being  now  in  order, 

On  motion  of  Mr.  H.  L.  Ford,  it  was  voted  that  the  polls  for  the  election 
of  officers  be  kept  open  till  six  o'clock  P.  M. 

The  following  named  persons  were  elected  by  yeas  and  nays,  overseers  of 
highways  for  the  ensuing  year,  in  the  following  road  districts,  to  wit,  {here 
give  the  names  of  persons  and  mtmher  of  districts.) 

On  motion  of  Mr.  Jason  Chapel,  ordered  that  a  pound  for  impounding 
animals  be  estabhshed  and  erected  at  {state  place  where,) -viiiVui  sixty  days 

from  this  date,  not  to  exceed  in  cost  the  sum  of dollars,  and  that  the 

same  be  erected  and  constructed  under  the  direction  of  the  pound  mastei". 

Mr.  A.  W.  Bull  presented  the  following  resolution,  which,  on  motion,  wa« 
adopted : 

Resolved,  That,  {Set  forth  the  resolution.) 

Ou  motion  of  Mr.  Spencer  Johnson,  ordered  that  the  next  annual  town 
meeting  be  held  at  {set  forth  the  place  ordered.) 


;o 


GENERAL   PROVISIONS. 


[DIV.  1. 


Moderator  to  reg- 
ulate business. 


Decision  of  ques- 
tions. 


Qr.cstioas  how 
(Iccided. 


Clerk  pro  tern.  §  4.  If  the  town  clerk  be  absent  then  such  person  as  shall  be 
chosen  for  that  purpose  by  the  electors  present  shall  act  as  clerk 
of  the  meeting.' 

§  5.  The  moderator  chosen  by  the  electors  to  preside  at  the 
annual  or  special  town  meeting  shall  regulate  the  business  and 
proceedings  thereof,  and  shall  decide  all  questions  of  order,  and 
shall  make  public  declaration  of  all  v-otes  passed.  When  any  vote, 
so  declared  by  him,  shall,  upon  such  declaration  being  questioned 
by  one  or  more  of  the  electors  present,  he  shall  vaake  the  vote 
certain  by  causing  the  voters  to  rise  and  be  counted  or  by  dividing 
off. 

§  6.     All  questions  upon  motions  made  at  town  meetings  shall 
be  determined  by  the  majority  of  the  electors  voting ;  and  the  offi- 
cer presiding  at  such  meeting  shall  ascertain  and  declare  the  result 
of  the  votes  upon  each  question. 
Orderofbusinese.      §  7.     It  shall  not  bc  lawful  for  the  electors,  at  the  annual  town 
1857.  meeting,  to  commence  the  transaction  of  any  business,  except  that 

which  shall  pertain  to  the  organization  of  the  meeting  and  the 
election  of  the  officers  of  the  town,  until  the  hour  of  two  o'clock 

General  business  in  the  afternoon ;  at  which  hour,  or  as  soon  thereafter  as  the  elect- 
commence  at  two  .  T   ,         .         ^,  1  -I       •  J'  ii       1  1-1 
u'ciockp.  M        oi"S  present  may  determine,  tlie  general  business  oi  the  day,  which 

the  electors  may  lawfully  transact  at  town  meetings,  shall  com- 
mence, and  be  continued  until  such  business  shall  baidisposed  of ; 
upon  the  completion  of  which  the  moderator  shall  jMiounce  the 
miscellaneous  business  of  the  day  to  be  closed ;  ajrer  which  an- 
,  nouncement  no  further  business  shall  be  transacted  at  that  meeting, 
unless  the  electors  shall,  at  the  time  of  such  announcement,  as 
aforesaid,  so  order,  except  the  election  of  officers,  as  aforesaid,  or 
Reconsideratiou  that  which  appertains  thereto  ;  after  Avhich  no  question  already 
disposed  of  shall  be  reconsidered,  unless  the  motion  for  such  recon- 
sideration shall  be  sustained  by  a  number  of  votes  equal  to  a  ma- 
jority of  all  the  names  entered  on  the  poll  list,  at  such  meeting, 
up  to  the  time  such  motion  shall  be  made. 

§  8.  If  any  person  shall  conduct  in  a  disorderly  manner,  at 
any  town  meeting,  and,  after  notice  from  the  moderator,  shall  per- 
sist therein,  the  moderator  may  order  him  to  withdraw  from  the 
meeting,  and,  on  his  refusal,  may  order  a  constable  or  other  person 
to  take  him  from  the  meeting,  "and  confine  him  in  some  convenient 
place  until  the  meeting  shall  adjourn  ^,ai.nd  the  person  so  refusing 

(In  like  mannei",  set  forth  each  order  or  direction  a^^^fey  transpire  ;  after 
whicli,  at  the  close,  set  forth  the  statement  of  the  cj|nV3!laf*of  votes,  as  dU 
rected  by  section  22  of  this  article,  post.)  ■,**~^ 

On  motion,  meeting  adjourned  without  day.  ^ 

Frank.  Crandon,  Town  Clerk. 
N.  S.  Young,  Moderator. 

It  seems  that  the  clerk's  record  of  the  proceedings  of  a  town  meeting  will  be  considered  suf. 
ficient  evidence  of  the  facts  therein  set  forth,  as  trtinspiricg  at  that  meeting. — Brig^s  v.  Mur~ 
rfoci,  13  PiV/fc.,  305.  ■<• 

(1)  When  it  becomes  necessary  to  choose  a  dei-k  pro  tern.,  it  is  proper  that  he  should  be 
Bwom,  using  the  form  of  the  oath  of  moderator ;  adapting  it  to  the  c;ise._ 


of  motion 
1861. 


Disorderly  con- 
duct. 


ART.  5.]  CONDUCTING  TOWN    MEETINGS.  3^ 

to  withdraw  shall,  for  such  offence,  further  forfeit  a  sum,  not 
exceding  ten  dollars,  for  the  use  of  the  town.^ 

§  9.     No  f  '".'on  shall  be  a  voter  at  any  town  meeting,  unless  he  Qualification  of 
shall  be  qualihed    o  vote  at  general  elections,  and  has  been  for  the  '"^'^^^^• 
last  thirty  days  an  actual  resident  of  the  town  wherein  he  shall 
offer  to  vote.* 

§  10.     If  any  person  offering  to  vote  at  any  election  or  upon  Chaiionge  of 
any  question  arising  at  such  town  meeting  shall  be  challenged  as  an  ™  ^^' 
unqualified  voter,  the  presiding  officer  shall  proceed  thereupon  in 
like  manner  as  the  judges  at  the  general  elections  are  required,  adapt- 
ing the  oath  to  the  circumstances  of  the  town  meeting.^ 

(1)  The  order  of  the  moderator  to  take  s  person  from  the  meeting,  for  disorderly  conduct, 
need  not  be  in  writing,  but  may  be  given  to  the  constable,  or  other  person  verbally  ;  but  if  it 
is  desii-ed  to  recover  the  forfeiture  or  penalty  provided  for,  it  will  be  an  independent  matter, 
and  must  be  prosecuted  as  in  other  cases  of  fines  or  penalties  going  to  the  town. — Parsons  v. 
Brainard.  17  Wend.,  522. 

(2)  By  "  an  act  to  prevent  illegal  voting  at  elections,"  and  "  an  act  to  provide  for  ascertain- 
ing the  qualification  of  voters  and  to  prevent  illegal  voting,"  the  former  approved  Feb.  21.':!t, 
and  the  latter  Feb.  22d,  1861,  it  is  provided  that  to  constitute  a  voter  at  any  election  under 
the  laws  of  this  state,  except  uudcr  charters  for  cities  or  incorporated  towns,  the  person  niu.st 
have  resided  in  the  election  district  (or  township)  where  the  vote  is  offered,  for  the  term  of 
thirty  days  immediately  preceding  the  election.— iSce  title  "  Electioxs,"  Div.  II.,  post  p.  128. 
t    (3)  For  proceedings  by  judges  at  general  elections,    see  Elections,  Div.   II.,  p.  124,  act 

approved  February  12th,  1849,  §  10 ;  also  the  two  acts,  ©ne  approved  February  21st,  and  the 
other  February  22d,  1861.  The  oath  required  at  general  elections,  when  adapted  to  the  cir- 
cumstances of  the  town  meeting,  under  the  acts  of  the  legislature  before  referred  to,  will  bo 
as  follows : 

Form  of  Oath  to  person  challenged. 
You  do  solemnly  .swear  {or  affirm  as  the  caite  may  be)  that  you  are  a  resident 
of  this  tov?nship,  and  that  you  have  been  an  actual  resident  herein  for  the 
last  thirty  days:  that  you  are  a  citizen  of  this  state,  and  have  resided  herein 
one  year  preceding  this  town  meeting ;  (or  that  you  was  an  inhabitant  of  this 
state  on  the  first  day  of  April,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  forty-eight ;  )  that  you  are  above  the  age  of  twenty-one  years, 
and  that  you  have  not  voted  at  this  tovt^n  meeting,  so  help  you  God. 

By  the  election  laws  of  1861,  as  will  be  seen,  the  person  challenged  is  required,  in  addition 
to  the  foregoing  oath  to  swear  or  affirm  to  his  place  of  residence,  specifying  the  particular 
place  and  house  in  which  he  resides,  and  stating  how  long  he  has  there  resided,  and  his 
business  or  emplojrment ;  and  if  he  has  not  resided  in  such  house  for  thirty  days  im- 
mediately preceding  such  election,  he  shall  state  where  and  in  what  house  he  has  resided 
for  the  last  thirty  days,  aud  in  addition  thereto  he  is  required  to  produce  two  vritnesses,  both 
personally  known  to  the  judges  of  the  election  and  resident  in  the  precinct,  district,  or  ward, 
to  testify  to  the  qualifications  of  the  person  challenged  as  a  voter.  The  additional  oath  of 
the  person  chalUmged  may  be  in  the  following  form,  followed  by  appropriate  interrogatories ; 

w   J^orwi  of  additional  Oath  to  person  challenged. 
You  do  sol|mnlv  swear,  {or  affirm,)  that  you  will  fully  and  truly  answer  all 
such  questions  « ihall  be  put  to  you  touching  your  place  of  residence,  and 
qualifications  &a%  Wter  at  this  election. 

The  moderator  wiUmt  put  the  following  questions : 
1st.  In  what  to™  do  you  now  reside  ? 

2d.  In  what  place  and  house  do  you  reside  ?     State  the  same  particularly. 
3d.  How  long  haie  you  resided  in  said  house,  and  what  is  your  business 
or  employment  ?      ' 

(If  the  answer  shows  that  the  person  has  not  resided  in  such  town  for 
thirty  days  immediately  preceding  the  election  or  town  meeting,  he  must 
.state  where  and  in  what  house  he  has  resided  for  the  last  thirty  days.) 

The  two  witnesses  produced  to  prove  the  residence  of  the  person  challenged  are  required 
by  law  to  take  the  following  oath,  which  vnil  be  administered  to  each  by  the  moderator ; 


32 


GENERAL   PROVISIONS. 


[div.  1. 


I'alse  swearing. 

1861. 
Punishment. 


Illegal  voting. 
IStil. 


Punishment. 


Adjournment  of 
to  wu  meeting  and 
closing  of  polls. 
1854. 
1801. 


Minutes  to  be 
filed. 


Proclamation. 


§  11.  If  any  person,  challenged  as  unqualified  to  vote  at  any 
town  meeting,  shall  be  guilty  of  willful  and  corrupt  false  swearing 
or  affirming,  in  taking  the  oath  required  in  the  preceding  section, 
such  person  shall  be  deemed  guilty  of  willful  and  corrupt  perjury, 
and  punished  accordingly. 

§  12.  Any  person  who  shall  vote  or  offer  to  vote  in  any  town 
in  which  he  does  not  reside,  or  who  shall  vote  or  offer  to  vote  in 
more  than  one  town,  or  who  shall  vote  or  offer  to  vote  more  than 
once  on  the  same  day  at  any  town  meeting,  or  who  is  not  a  legal 
voter,  he  shall  be  guilty  of  a  misdemeanor,  and,  on  conviction 
thereof,  shall  be  punished  by  a  fine  of  not  exceeding  one  hundred 
dollars,  or  imprisoned  not  exceeding  six  months,  or  both  by  such 
fine  and  imprisonment. 

§  13.  Town  meetings  shall  be  kept  open  from  the  time  of  open- 
ing in  the  morning  until  six  o'clock  in  the  afternoon,  unless  the 
voters  present  may,  by  vote,  adjeurn  one  hour,  from  twelve  till  one 
o'clock ;  and  at  all  town  meetings  and  elections  of  town  officers  the 
polls  may  be  closed  at  four  o'clock  in  the  afternoon,  but  may  be 
kept  open  until  a  later  hour,  in  the  discretion  of  the  electors.^         , 

§  14.  The  minutes  of  the  proceedings  of  every  town  meeting, 
subscribed  by  the  clerk  of  said  meeting,  and  by  the  presiding  offi- 
cer, shall  be  filed  in  the  office  of  the  town  clerk,  within  two  days 
after  such  town  meeting. 

§  15.  Before  the  electors  shall  proceed  to  elect  any  town  officer, 
proclamation  shall  be  made  of  the  opening  of  the  polls,  by  the 
town  clerk;  and  proclamation  shall,  in  like  manner,  be  made  of 
each  adjournment,  and  of  the  opening  and  closing  of  the  polls 
until  the  election  is  ended.^ 


Form,  of  Oath  of  Witnesses  produced  to  prove  residence  of  person  challenged. 
I  do  solemnly  swear,  or  affirm,  (as  the  case  may  be,)  that  I  am  a  resident 
of  this  election  district,  and  entitled  to  vote  at  this  election,  and  that  I  have 
been  a  resident  of  this  election  district  for  one  year  last  past,  and  that  I  am 
well  acquainted  with  the  voter  whose  vote  is  now  offered,  that  he  is  an  actual 
and  bona  fide  resident  of  this  election  district,  and  that  he  has  resided  in  this 
state  for  one  year  last  past. 

In  deciding  who  are  voters  at  town  meeting,  two  queptions  are  to  be  determined — first,  the 
person  must  be  a  voter  at  general  elections  ;  second,  he  must  also  have  been  for  the  last 
thirty  days  a  resident  of  the  town  in  which  he  offers  to  vote.  As  to  who  are  voters  at  general 
elections,  see  note  to  section  1,  article  4,  ante.,  p.  22. 

In  the  absence  of  any  express  statute  on  the  subject,  it  has  been  decided  that  a  resident  iiS 
a  person  coming  into  a  place  with  intention  to  establish  his  domicil  or  permanent  residence, 
and  who,  in  consequence,  actually  remains  thei'e.  Time,  however,  is  not  so  essential  as  the 
intent  executed  by  making  or  beginning  an  actual  establishment,  thougli  it  be  abandoned  in 
a  longer  or  .shorter  period.  Bouv.  L.  Diet..,  title  "  Kesfdent,"  20  JbAn.t.,  211.  2  Scam.,  Sil. 
But  our  statute  has  provided,  see  election  laws,  post.,  Div.  II.,  approved  February  22d, 
1861,  that  to  constitute  residence  under  the  constitution  and  election  laws  of  the  state,  a  per- 
manent abode  is  necessarj',  and  residence  in  the  town  or  district  for  sixty  days  immediately 
preceding  the  election. 

(1)  Note.  It  will  be  observed  that  fhc  polls  of  election,  only  can  be  closed  at  four  o'clock  | 
the  town  meeting  can  not  be  adjourned  until  six  o'clock. 


2  Form  of  Proclamation  of  opening  Polls  at  Town  Meeting. 
Hear  ye  :  hear  ye  :   hear  ye :  the  polls  for  the  election  of  officers  at  this 
meeting  are  now  opened,  pursuant  to  law. 


iRT.  5.]  CONDUCTING  TOWN  MEETINGS.  S?) 

§  16.     The  supervisor,  town  clerk,  assessor,   collector,  comm is- Mode  of  chooBiiiK 
sioners  of  highways,  constables,  and  justices  of  the  peace,  shall  bo  Ry'iiRUot. 
chosen  by  ballot.     All  other  officers  shall  be  chosen,  either  by  bal- 1867. 
lot,  by  yeas  and  nays,  or  by  dividing  the  electors,  as  the  electors 
of  the  meeting  may  determine.     When  the  electors  vote  by  ballot  "^f^  prepiu-atioi, 
all  the  officers  voted  for  shall  be  named  in  one  ballot;  which  shall 
contain  written  or  printed,   or  partly  written  and  partly  printed, 
the  names  of  the  persons  voted  for,  and  the  offices  to  which  such 
persons  are  intended  to  be  chosen,  and  shall  be  delivered  to  the 
presiding  officer,  so  folded  as  to  conceal  the  contents.* 

§  17.     When  the  election  is  by  ballot  a  poll  list  shall  be  kept  pou  list. 
by  the  clei'k  of  the  meeting,  on   which  shall  be  entered  the  name 
of  each  person  whose  vote  shall  be  received.^ 

§  18.     When  the  election  is  by  ballot  the  presiding  officer  shall  P«P^«J''"^'f'J-'^'"** 
deposit  the  ballots  in  a  box  provided  for  that  purpose. 
•§  19.     If  any  moderator  shall  at  any  town  meeting,  before  the  Moderator  not  to 

11.111  .  ..  ,  J         ro;ul  or  expose 

poll  IS  closed,  read  or  examine,  or  permit   any  person  to  read  or  baUot. 
examine  the  names  on  any  voter's  ballot,  with  the  view  of  ascer- 
taining any  candidate  voted  for  by  him,  such  moderator  shall  for- 
feit, to  the  use  of  the  town,  the  sum  of  twenty-five  dollars. 

§  20.     At  the   close  of  every  election  by  ballot  the  presiding  Canvassing  of  the 

. votes. 

If  the  voters  present  shall  vote  to  adjourn  from  twelve  till  one  o'clock,  proclamation  must 
be  made  of  such  adjournment  and  of  the  opening  again  after  such  adjournment. 

Form  of  Proclamation  of  adjournment  of  Polls. 
Hear  ye :  hear  ye  :  hear  ye :  the  polls  for  the  election   of  officers  at  this 
meeting  will  stand  adjourned  till  one  o'clock  this  afternoon. 

Forin  of  opening  Polls  after  adjournment. 
Hear  ye :  hear  ye :  hear  ye  :  the  polls  for  the  election  of  officers  at  this 
meeting  are  now  opened  pursuant  to  adjournment. 

Note.  Although  the  law  does  not  seem  to  require  it,  yet  it  -nrould  be  well  for  the  clerk  to 
make  proclamation  of  the  closing  of  the  polls  thirty  minutes  before  closing  the  same,  a,s  is 
required  by  law  at  general  and  other  elections.  The  foregoing  forms  given  can  be  varied  to 
suit  the  occasion  of  giving  notice  of  the  closing  of  the  poUs. 

(1)  If  a  ballot  contains  the  names  of  more  persons  for  any  office,  than  there  are  candidatf« 
to  be  elected,  such  part  of  the  ticket  can  not  be  counted  for  either  of  them,  but  must  be 
rejected.  Sess.  L.  1849, 1st  sess.,  p.  73.  People  v.  Loomis,  8  Wenrl.,  396.  Butit  can  not  be 
riyected  as  to  other  candidates  regularly  named  on  the  ballot.  Carpenter  v.  Ely.  4  Wisconsin 
iJ.,420.  6  .-  r  J, 

But  no  vote  should  be  rejected  for  want  of  form,  if  it  can  be  determined  therefrom,  satis- 
factorily, the  per.TOna  voted  for,  and  the  office  which  the  voter  intended  to  fill.  See  "  Elec- 
rions,"  Div.  II.,  post,  act  approved  Feb.  12,  1849,  §  13. 

2  Fo)-m  of  Poll  List  kept  at  Town  Meeting. 

Poll  list  kept  by  the  clerk,  at  town  meeting  held  at in  the  town  of 

Ontario,  and  county  of  Knox,  on  the  —  day  of ,  A.  D.  18 — ,  on  which 

is  entered  the  name  of  each  person  voting  at  said  town  meeting. 

NoT 


Names. 


1  James  Hammond, 

2  I  E.  Hollister, 


No. 


Names. 


8.  Chapman, 
J.  W.  Cra7ie. 


Total  number  of  ballots,  4. 

James  Jackson,  Moderator. 


Attest,  "Wm.  J.  Savage,  Town  Clerk. 

.3 


34 


GENERAL  PROVISIONS. 


[div.  1. 


CanTass  how 
conducted. 


officer  shall  proceed  publicly  to  canvass  the  votes ;  which  canvass, 
when  commenced,  shall  be  continued  without  adjournment  or  inter- 
ruption until  the  same  be  completed. 

§  21.  The  canvass  shall  be  conducted  by  taking  a  ballot  at  a  time 
from  the  ballot  box  and  continue  counting  until  the  number  of  bal- 
lots are  equal  to  the  number  of  names  on  the  poll  list,  and  if  there 
shall  be  any  left  in  the  box  they  shall  be  immediately  destroyed ; 
and  such  persons  as  shall  have  the  greatest  numljer  of  votes  shall  be 
declared  to  be  elected.  If  on  opening  the  ballots  two  or  more 
ballots  shall  be  found  to  be  so  folded  that  it  shall  be  apparent  that 
the  same  person  voted  them,  the  presiding  officer  shall  destroy  such 
votes  immediately. 

§  22.     The  canvass  being  completed,  a  statement  of  the  result 


statement  of  re- 


Publicly  read 


Tie  7ote. 
18G1. 


Notice. 


Buit  to  be  entered  shall  be  entered  at  length,  by  the  clerk  of  the  meeting,  in  the  min- 
y  '^^'^  ■  utes  of  its  proceedings,  to  be  kept  by  him,   as  before  required, 

which  shall  be  publicly  read  by  him  to  the  meeting ;  and  such 
reading  shall  be  deemed  notice  of  the  result  of  the  election  to  every 
person  whose  name  shall  be  entered  on  the  poll  hst  as  a  voter.' 
In  case  two  or  more  persons  shall  have  an  equal  number  of  votes 
for  the  same  office  the  question,  of  which  shall  be  entitled  to  the 
office,  shall  be  decided  between  such  persons,  by  lot,  under  the 
direction  of  the  town  clerk ;  but  he  shall  give  each  party  notice  of 
the  time  and  place  of  drawing  lots.*^ 

1  Form  of  Statement  of  result  of  Canvass  to  be  entered  by  Clerk  in  Minutes  of 

Meeting. 

The  follov/ing  is  a  statement  of  the  resnlt  of  the  canvass  of  votes  by  bal- 
lot, for  the  election  of  officers  at  the  annual  town  meeting  in  the  town  of 
Richmond,  in  the  county  of  McIIenry,  state  of  Illinois,  A.  D.  18 — ,  as  pub- 
licly canvassed  by  the  presiding  officer  at  said  meeting : 

Alfred  P.  Wells  had  one  hundred  yoiQsior  supervisor, 

Jleman  Gibbs  had  seventy-five  votes  for  supervisor. 

Orrin  Hobart  had  one  hundred  votes  for  town  clerk. 

[And  so  on,  giving  a  statement  of  the  votes  cast  for  each  person.) 

"^Form  of  Notice  by  Town  Clerk,  of  drawing  lots  in  case  of  a  tie  vote  between 

candidates. 

To  Joseph  Slocum . 

Sir — You  having  received  at  the  late  tovrn  meeting  an  equal  number  of 
votes  with  David  Kemj),  for  the  office  of  sMjoeryisorof  the  town  of  Brimfield, 
are  hereby  notified  that  the  question  of  which  of  you  is  entitled  to  said  office, 

■will  be  decided  by  lot  at  my  office  in  said  town,  on  the  —  day  of ,  A.  D. 

18 — ,  at  the  hour  of  ten  o'clock  in  the  forenoon  ;  that  should  you  fail  to 
appear  at  such  time  and  place,  the  matter  will  be  decided  in  your  absence. 

Dated  at  Brimfield,  this  —  day  of  ,  A.  D.  18—. 

Joseph  Blanchard,  Town  Clerk. 

Note.  iVhere  the  candidates  are  present  at  the  announcement  of  the  tie  Tote,  at  town 
meeting,  verbal  notice  may  be  given  them  by  the  clerk,  informally,  and  the  drawing  lots  take 
place  at  once.  No  method  of  proceeding  is  prescribed  in  deciding  the  question  between  can- 
didates, but  the  drawing  is  under  the  direction  of  the  town  clerk  ;  he  will  therefore  direct  the 
manner  in  which  to  proceed.  It  would  be  weU  for  liim  to  adopt  the  course  prescribed  in 
deciding  the  term  of  office  of  commissioners  at  the  first  election.  See  Article  Eighteenth, 
sections  8  and  9,  post.  lie  may  prepare  two  pieces  of  paper,  on  one  may  be  written  the  title 
or  name  of  the  office  in  question,  leaving  the  other  blank  ;  then  fold  each  alike  and  place 
them  in  a  box,  from  which  let  the  candidates  draw  ;  the  person  drawing  the  paper  containing 
tae  name  of  the  office,  to  be  entitlpji  to  it,  and  declared  duly  elected.    In  case  the  candidates. 


ART.  6.]  TOWN   OFFICERS.  '  35 

§  23.     The  clerk  of  every  town  meeting,  within  ten  days  there- Notice  to  person 
after,  shall  transmit  to  each  person  elected  to  any  town  office,  whose  '^'•^'='^«'^- 
name  shall  not  have  been  entered  on  the  poll  list  as  a  voter,  a 
notice  of  his  election.' 

§  24.     The  town  clerk  shall  file  in  the  office  of  the  clerk  of  the  i-Jst  of  town  cm- 
county  court  a  list  of  the  names  of  all  town  officers  elected  at  the  witti^counfy*"^ 
annual  town  meeting,  within  twenty  days  after  such  election  shall  ^^■ 
be  held. 

ARTICLE   SIXTH. 

OF  QUALIFICATION  AND  TENURE  OF  OFFICE. 

§  1.     No  person  shall  be  eligible  to  any  town  office,  unless  he  Eligibility  to 
shall  have  been  one  year  a  resident  of  such  town.^  ^"^"^  °®'^* 

§  2.     Every  person  chosen  or  appointed  to  the  office  of  super-  Oath  of  office, 
visor,  town  clerk,  assessor,  commissioner  of  highways,  or  collector,  \l^\ 
before  he  enters  upon  the  duties  of  his  office,  and  within  ten  days 
after  he  shall  be  notified  of  his  election  or  appointment,  shall  take 
and  subf.jribe,   before    some    justice  of  the  peace,  such  oath  or  ^^'''""^  J"^*'*'*' "' 

,  '  ,  *' ,  IT  ?  peace. 

affirmation  of  office  as  is  prescribed  by  law.^ 

§  3.     Such  person   shall,   within    eight  days    thereafter,  cause  Oath  to  i^e  filed 
such  certificate  to  be  filed  in  the  office  of  town  clerk. 

or  either  of  them,  fail  to  attend  upon  being  notified,  then  the  clerk  can  select  some  qualifieij 
elector  to  draw  for  the  absent  candidate. 

It  is  proper  that  some  record  or  memorandum  should  be  made,  by  the  town  clerk,  of  the 
manner  of  disposing  of  the  question  of  a  tie  vote  between  candidates,  that  the  records  of  the 
town  may  always  show  who  are  elected  offlcere.  It  would  therefore  be  well  for  the  clerk  tci 
add  a  memorandum  at  the  close  of  the  minutes  of  proceedings  of  the  meeting,  after  the  sig- 
natures of  himself  and  the  presiding  officer,  in  the  following  form : 

t^orm  of  Memorandum  of  decision  of  tie  vote  between  Candidates. 

At  the  annual  town  meeting  in  the  town  of ,  in  the  year  18 — ,  A.  B. 

and  C.  D.  having  liad  an  equal  number  of  votes  for  the  office  of ,  the 

question  of  which  should  be  entitled  to  said  office  was,  on  the  —  day  of , 

IS — ,  duly  decided  between   them  by  lot,  and  it  was  decided  that  the  said 
A.  B.  should  be  entitled  to  said  office.  E.  F.,  Town  Clerk. 

1  Form  of  Notice  by  Town  Clerh  to  any  person  elected  to  any  town  office,  whose 
name  is  not  on  the  Poll  List. 
To  Gould  G.  Norton,  Esq.,  of  the  town  of  Scott,  in  the  county  of  Oqle : 
You  are  hereby  notified  that  at  the   annual  town  meeting,  (or  special,  as 

the  case  may  be,)  held  in  said  town,    at ,  on  the  —  day  of A.  D. 

18—,  you  were  duly  elected  to  the  office  of  sjtpervisor.  ' 

Given  under  my  hand  at  Scott,  this  —  day  of ,  A.  D.  18—. 

0.  W.  Norton,  Town  Clerk. 

tJ^^  '^^  offlcera  must  be  inhabitants  of  the  town  in  which  thev  are  chosen,  and  theycea-ie 
to  be  officers  when  they  cease  to  be  inhabitants.— .Bane  v.  Greenwich,  1  Pick.,  129. 

^For7n  of  Oath  to  be  taken  and  subscribed  by  town  officer. 
State  of  Illinois,     ) 

Lake  County.  \  ^^• 

I,  K  S.  Ligall.^  do  solemnly  swear  {or  affirm)  that  I  will  support  the  con- 
stitution  of  the  United  States  and  of  the  state  of  Illinois  and  that  I  will 
according  to  the  best  of  my  judgment,  skill  and  ability,  diligently,  faithfully, 
and  impartially  perform  all  the  duties  enjoined  on  me  as  {here  insert  the  title  o^ 
the  office)  for  the   town  of  Antioch,  in  the  county  of  Lake,  and  state    of 


CG  GENERAL   PROVISIONS.  [DIV.  1. 

Neglect  to   take      §  4.     If  any  persoii  cliosen  or  appointed  to  either  or  an j  of  the 
aerve.'^  ^^  ^^      town  officcs  abo\'e  enumerated  shall  neglect  to  take  and  subscribe 
such  oath  and  cause  the  certilicate  thereof  to  be  filed,  as  above  re- 
quired, such  neglect  shall  be  deemed  a  refusal  to  sei-AC. 
Notice  of  accept-      §  5.     Evcry  person  chosen  or  appointed  to  the  office  of  over- 
ance  to  e    ed.   ^^^^^  ^^.  j^jgi^^y^ys  or  pouiid  master,  before  he  enter  on  the  duties  of 
his  office  and  within  ten  days  after  he  shall  have  been  notified  of 
his  election  or  appointment,  shall  cause  to  be  filed  in  the  office  of 
town  clerk  a  notice,  signifying  his  acceptance  of  such  office.     A 
KfFect  of  neglect,  neglcct  to  cause  sucli  noticc  to  be  filed  shall  be  a  refusal  to  serve.* 
Collector's  bond.      §  6.     Every  person  chosen  or  appointed  to  the  office  of  collect- 
or, before  he  enters  upon  the  duties  of  his  office  and  witliin  eight 
days  after  he  receives  notice  of  the  amount  of  taxes  to  be  collected 
by  him,  shall  execute  to  the  supervisor  of  the  town,  and  his  suc- 
cessor in  office,  and  lodge  with  him  a  bond,  with  one  or  more  secu- 
To  be  approTed    rities,  to  be  approved  by  such  supervisor,  in  double  the  amount  of 
such  taxes,  conditioned  for  the  faithful  execution  of  his  duties  as 
such  collector.^ 

I  do  solemnly  swear  [or  affirm  an  the  case  may  be)  that  I  have  not  fought 
a  duel,  nor  sent  or  accepted  a  challenge  to  fight  a  duel,  the  probable  issue 
of  which  might  have  been  the  death  of  either  party,  nor  been  a  second  to 
either  party,  nor  in  any  manner  aided  or  assisted  in  such  duel,  nor  been 
knowingly  the  bearer  of  such  challenge  or  acceptance  since  the  adoption  of 
the  constitution ;  and  that  I  will  not  be  so  engaged  or  concerned  directly  or 
indirectly,  in  or  about  any  such  duel  during  my  continuance  in  office,  so 
help  me  God.  E.  S.  Ingalls. 

Taken  and  subscribed  before  me,  this  ) 

—day  of ,  A.  D.,  18—.  ) 

R.  B.  Simmons,  Justice  of  the  Peace. 

NoTK.^Foroath  of  assessor,  see  act  approved  Feb.  12, 1853,  §[25,  post.  Also  Const..  Art.  3,  §  30. 
'  Supervisors  are  required,  See  Art.  14,  Sec.  4,   to  lay  before   the  board  of  supervisors 

at  their  first  meeting  after  the  annual  town  election,  certificates  of  their  election ;  each  su- 
pervisor will,  therefore,  after  bis  qualification  be  entitled  to  a  certificate  of  his  election,  which 
should  be  issued  by  the  town  clerk,  and  may  be  in  the  following  form. 

Form  of  Supervisor's  certificate  of  election. 

Stephenson  County,  ^ 
Town  of  Freeport,  \  "  ' 
I,  Johti  Geigar,  town   clerk  of  said  town  of  Freeport.,  do  hereby  certify 

that  at  the  annual  town  meeting  in   said  town,  on  the — day  of ,  A.  D., 

18 — ,  W.  H.  Rhodes  was  duly  elected  supervisor  of  said  town,  [or,  was  on 

the — day  of ,  A.  D.,  18 — ,  duly  appointed,  &c.,)  that  he  has  been  duly 

qualified  as  such  by  taking  the  oath  of  office  and  giving  bond  as  required 
by  law. 

In  witness  whereof,  I  have  hereunto  set  my  hand  this — day  of ,  A.  D., 

18 — .  John  Geigar,  Town  Clerk. 

"^Form  of  Noticc  of  acceptance  of  Overseer  of  highways  or  pound  master. 
To  S.  L.  Emery,  town  clerk  of  the  town  of  Avon : 

^  Sir:— Having  been  elected  [or  appointed)  overseer  of  highways  for  district 
N'o.  — ,  in  said  town,  [or  pourul  master  for  said  tovm  as  the  case  may  be)  on  the 

--  day  of ,  A.  D.,  18 — ,  I  hereby  notify  you  that  I  accept  the  office. 

Witness  my  hand,  this  —  day  of ,  K.  D.  18 — . 

Churchill  Edwards. 

^Form  of  Colkctor''s  Bond. 
Know  all  men  by  these  presents,  that  we,  William  Joiner,  of  the  town  of 


ART.  6.]  TOWN   OFFICERS.  37 

§  7,     The  supervisor  shall,  within  six  days  thereafter,  file  such  Bond  to  be  liiea 
bond  with  his  approval  indorsed  thereon,  in  the  office  of  the  re-  "'^'^  i*-<=ordcU. 
corder,  who  shall  make  an  entry  thereof  in  a  book  to  be  provided 
for  the  purpose,  in  the  same  manner  in  which  judgments  are  re- 
corded ;  and  eveiy  such  bond  shall  be  a  lien  on  all  the  real  estate, 
severally,  of  such  collector,  within  the  county  at  the  time  of  the  ShaiibeaUanoa 
filing  thereof,  and  shall  continue  to  be  such  hen  until  its  conditions,  i"'^^ '^'''i'- 
together  with  all  costs  and  charges  which  may  accrue  by  the  pros- 
ecution thereof,  shall  be  fully  satisfied ;  and  all  actions  against  the 
sureties  on  any  collector's  bond  shall  be  commenced  within  two  Limitation  of  ac- 
years  from  the  date  of  the  execution  thereof,  and  not  afterwards :  t'^^"-*  '"^• 
provided,  that  actions  upon  existing  bonds  shall   be  commenced  I80i. 
within  six  months  from  the  date  of  the  passage  of  this  act  and  not 
afterwards.^ 

§  8.     In  any  town  in  which  there  shall  be  no  town  supervisor.  Collector's  bond 
the  collector  of  the  town  may  make  his  official  bond  to  the  clerk  ^^ounty^Llk.'^ 
of  the  county  court  of  the  county  in  which  said  town  may  be  1857. 
situated. 

§  9,     Every  person  chosen  or  appointed  to  the  office  of  consta-  Constable's  oath 
ble,  before  he  enters  upon  the  duties  of  his  office,  and  within  eight  ^g^^j 
days  after  he  shall  be  notified  of  his  election  or  appointment,  shall 
take  and  subscribe,  before  some  justice  of  the  peace  of  the  county, 

Pi7ie  Greek,  in  the  county  of  Ogle,  in  the  state  of  Illinois,  as  principal,  and 
John  W.  Price  and  David  F.  Miller,  of  the  said  county  and  state,  as  sureties, 
are  held  and  firmly  bound  unto  S.  Ruggles,  supervisor  of  said  town  of  Piiie 
Creek,  and  to  his  successor  in  of3Sce,  in  the  penal  sum  of  {double  tlie  amount 
of  taxes)  for  the  payment  of  which,  well  and  truly  to  be  made,  we  bind  our- 
selves, our  heirs,  or  executors  and  administrators,  firmly  by  these  presents. 

Sealed  with  our  seals,  and  dated  this  —  day  of ,  A.  D.  18 — . 

The  condition  of  the  above  obligation  is  such,  that,  whereas,  the  above 
bounden  William  Joiner  has  been  elected  [or  appointed)  collector  for  the 
said  town  of  Fine  Creek  for  the  current  year,  and  has  accepted  the  office, 
and  is  about  taking  upon  himself  the  discharge  of  his  duties. 

Now  therefore,  if  the  said  William  Joiner  shall,  as  such  collector,  faith- 
fully collect,  account  for,  and  pay  over  all  taxes  which  he  should  be  legally 
required  to  collect,  and  also  shall  with  diligence  and  fidelity  execute  and  dis- 
charge all  his  duties  as  such  collector,  then  the  above  obligation  to  be  void, 
otherwise  to  remain  in  full  force  and  effect. 

Wm.  Joiner,  [seal.] 

John  W.  Price,       [seal.] 
David  F.  Miller,     [seal.] 

It  has  been  held  in  the  state  of  New  York,  under  a  like  provision  of  law,  that  the  8uce«s- 
sor  of  a  supervisor  who  has  taken  a  collector's  bond  under  the  statute,  may  sue  upon  it  in 
his  own  name. — Jatisan  v.  Oslrander,  1  Cow.,  670. 

Form  of  Supervisor's  approval  to  be  endorsed  upon  Collector's  bond. 
I  hereby  approve  the  within  bond. 

Witness  my  hand  this  —  day  of ,  A.  D.  18 — . 

S.  Ruggles, 
•  Supervisor  of  the  town  of  Fine  Creek. 

(1)  No  recovery  can  be  had  on  a  town  collector's  bond  until  aft*  a  warrant  has  been  issued  to 
the  sheriff  renuiring  the  delinquent  sum  to  be  levied  on  the  property  of  the  collector. — 
Marks  T.  BiUler,  24  lUs.,  567.  t-    tr-   j 


38  GENERAL   PEOVISIONS.  [dIV.  1, 

Constable  bond,  the  oath  of  office  prescribed  by  law,  and  shall  execute,  in  the  pres- 
ence of  the  supervisor  or  town  clerk  of  the  town,  with  one  or  more 
ApproTai.  sureties,  to  be  approved  of  by  such  supervisor  or  town  clerk  an 

instrument,  in  writing,  [in]  which  such  constable  and  his  sureties 
shall  jointly  and  severally  agree  to  pay  to  each  and  every  person 
who  may  be  entitled  thereto,  aU  such  sums  of  money  as  the  said 
Condition.         constable  may  become  liable  to  pay  on  account  of  any  executions 
jggj  which  shall  be  deUvered  to  him  for  collection  by  vii'tue  of  his  office, 

and  all  such  damages  as  each  and  every  person  may  sustain  by 
reason  of  any  malfeasance,  misfeasance  or  nonperfonnance  of  duty 
on  the  part  of  said  constable.^ 
ApproTaitobe         §  10.     The  supervisor  or  town  clerk  shall,  if  approved,  indorse 
indorsed.  ^^^^x  approval  on  such  instrument,  which  shall  be  his  approval  of 

the  sureties  therein  named,  and  then  shall  cause  the  same  to  be 
Bopd  to  be  filed.  ^^^^  hi  the  officc  of  the  town  clerk ;  and  a  copy  of  such  instrument, 
Copy  evidence.  Certified  by  the  town  clerk,  shall  be  presumptive  evidence  in  all 
courts  of  the  execution  thereof  by  such  constable  and  his  sureties, 
imitation  of  ac-  §  H.  All  actions  against  a  Constable  or  his  sureties  upon  such 
stoWe's  boud*'*"^  instrument  shall  be  prosecuted  within  two  years  after  the  expira- 
1861.  tion  of  the  term  for  wlxich  the  constable  named  therein  shall  have 

been  elected  or  appointed. 

^Form  of  Cojistable's  Oath  of  office. 

State  of  Illinois,  ) 

Lake  County,       \ 

I,  Parnell  3Innson,  do  soleiimlv  swear  {or  affirm)  that  I  will  support  the 
constitution  of  the  United  States  and  of  the  state  of  Illinois,  and  that  I  will 
faithfully  perform  the  duties  of  the  office  of  constable  within  and  for  the 
county  of  Zake,  in  the  state  of  Illinois,  according  to  law  and  to  the  best  of 
my  understanding. 

I  do  solemnly  swear  (or  affirm  as  the  case  may  be)  that  I  have  not  fought  a 
duel  nor  sent  or  accepted  a  challenge  to  fight  a  duel,  the  probable  issue  of 
which  might  have  been  the  death  of  either  party,  nor  been  a  second  to  either 
party,  nor  in  any  manner  aided  or  assisted  in  such  duel,  nor  been  knowingly 
the  bearer  of  such  challenge  or  acceptance  since  the  adoption  of  the  consti- 
tution ;  and  that  I  will  not  be  so  engaged  or  concerned  directly  or  indirectly, 
in  or  about  any  such  duel  during   my  continuance  in  office,  so  help  me  G^d. 

Paknell  Munson. 
Taken  and  subscribed  before  me,  this  ) 

—  day  of ,  A.  D.,  18— .  <j 

Isaac  L.  Clark,  Justice  of  the  Peace. 

Note.  The  foregoing  is  the  form  of  oath  of  office  of  constable  as  prescribed  by  law,  which 
is  gathered  from  the  State  Constitution,  Ait.  in.  §  30,  and  Art.  XIU,  §  26,  and  KeTised 
Statutes,  chapter  59,  §  9. 

Foi'm  of  Instrument  to  be  executed  by  Constable  and  sureties  for  perfonnance 
/  of  duties. 

Whereas,  the  undersigned  Frederick  ^filler,  was,  on  the  —  day  of , 

A.  D.,  18 — ,  duly  elected  {or  appointed)  a  constable  for  the  town  of  Compton, 
in  the  county  of  Kane,  and  state  of  Illinois,  and  has  accepted  of  said  office 
and  is  about  to  enter  upon  the  performance  of  the  duties  thereof. 

Now  therefore,  know  all  men  by  these  presents,  that  we,  fhe  said  Freder- 
ick Miller  as  principal,  and  Spaulding  Eddy  and  S.  S.  Chaffy  as  his  sureties, 
jointly  and  severally  agree  to  pay  to  each  and  every  person  who  may  be  enti- 
tled thereto,  all  such  sums  of  money  as  the  said  constable  may  become  liable 


AIIT.  6.]  TOWN    OFFICERS.  39 

§  12.     If  any  person  chosen  oi*  appointed  to  the  office  of  col-^^siect  of  col- 
lector or  constable,  shall  not  give  such  security  and  ttike  such  oath  bie  to  s*Tve°'" 
as  is  required  above,  within  the  time  limited  for  that  purpose,  such 
neglect  shall  be  deemed  a  refusal  to  serve. 

§  13.     If  any  person  chosen  or  appointed  to  the  office  of  super-  Forfeiture  for  re- 
Tisor,  town  clerk,  assessor,  or  commissioners  of  highways  shall  re-  [gg^l  *"  "''''''''■ 
fuse  to  serve,  he  shall  forfeit  to  the  town  the  sum  of  twenty-five 
dollars  ^ 

§  14.     If  any  person  chosen  or  appointed  to  the  office  of  over-g^^g 
seer  of  highways  or  pound  master  shall  refuse  to  serve,  he  shall 
forfeit  to  the  town  ten  dollars. 

§  15.     If  any  town  officer,  who  is  required  by  law  to  take  the  intrupion  into 
oath  of  office,  shall  enter  upon  the  duties  of  liis  office  before  he 
shall  have  taken  such  oath,  he  shall  forfeit  to  the  town  the  sum  of  Penalty, 
fifty  dollars. 

§  16.     Town  officers,  except  justices  of  the  peace  and  consta- "^e""  of  «'ffice. 
bles,  shall  hold  their  office  for  one  year  and  until  others  are  chosen 
or  appointed  in  their  places  and  are  qualified.     The  justices  of  the 
peace  and  constables  shall  hold  their  offices  for  four  yeai's  or  until 
others  are  chosen  and  qualified. 

5  17.     Whenever  the  term  of  any  supervisor,  town  clerk,  or  Snccessor  to  d»-- 

.-  n  ^  •    1  in  •  iii  iiii      maml  books  and 

commissioner  ot  highways  shall  expire,  and  other  persons  shall  be  papers. 
elected  or  appointed  to  such  office,  it  shall  be  the  duty  of  such  ise;. 
successor  or  successors,  immediately  after  he  or  they  shall  have 
entered  on  the    duties  of  the  office,    to    demand   of  his  or  their 
predecessor  all  the  books  or   papers  under  his  or  their  control, 
belonging  to  such  office. 

to  pay  on  account  of  any  executions  which  shall  be  delivered  to  him  for  col- 
lection by  virtue  of  his  office,  and  all  such  damages  as  each  and  every  person 
may  sustain  by  reason  of  any  malfeasance,  misfeasance,  or  non-performance 
of  duty  on  the  part  of  said  constable. 
Executed  in  the  presence  of 
J.  W.  Seaton, 
Supervisor  of  the  town  of  Compton.  Erederick  Miller,  [seal.] 

Spaulding  Eddv,       [seal.] 
S.  S.  Chaffy,  [seal.] 

Form  of  Supervisor^  [or  town  clerk)  approval,  to  he  endorsed  upon  instrument 
of  Constable  and  sureties. 
I  hereby  approve  the  within  instrument  and  the  sureties  therein  named. 

Witness  my  hand  this  —  day  of ,  A.  D.  18 — . 

J.  W.  Seaton, 
Supervisor  of  the  town  of  Compton. 

No  particular  form  for  a  constable-s  bond  seems  to  be  necessary ;  it  will  be  sufficient  if  it 
contain  the  substance  of  the  statute.  It  may  be  in  the  form  of  an  agreement  or  in  that  of  a 
bond,  and  unnecessary  recitals  will  not  vitiate  it,  but  will  be  mere  surplussage.  Neither  the 
constable  nor  bi.s  sureties  can  object  that  it  is  not  under  seal,  nor  that  the  sureties  had  not 
been  approved  by  the  town  clerk  or  supervisor.— .SteH/ng-fr  v.  Yandes,  12  WenrI    306 

(1)  A  person  who  has  been  chosen  or  appointed  to  a  town  office,  and  neglects  or  refuses  to 
serve,  whereby  he  incurs  the  penalty  imposed  by  law,  he  cannot  be  again  chosen  or  appointed 
MC?pr°ll''7b/?„T4^  ^  ^®''°'"^  P®°'^'^  '"'"■  *''®  ^^"""^^  '^^"^  *°  nct.-Hamvood  v. 

It  is  held  that  an  action  for  the  penalty  here  imposed  will  not  lie  except  where  the  town 
proceed  to  a  new  election.  That  merely  neglecting  to  file  notice  of  the  acceptance  with  the 
to^vn  cleric  is  not  sufficient ;  the  object  of  the  law  being  to  enforce  the  performance  of  the  du- 
ties,  and  If  the  town  proceed  to  a  new  election,  then  to  exact  the  veuadty. —  mnnegar  v.  Roe, 


40  GENERAL   PROVISIONS.  [DIV.   1. 

Demand  upon  §  18.     Whenever  either  of  the  officers  above  named  shall  re - 

person  having      gj^-j^  qj.  j^e  office  become  vacant,  m  any  way,  and  another  person 
charge  of  oo   .  ^^o^^^  ^^  elected  or  appointed  in  his  stead,  the  person  so  elected  or 
appointed  shall  make  such  demand  of  liis  predecessor  [or]  of  any 
person  having  charge  of  such  books  and  papers. 
Delivery  of  rec-        §  19.     It  shall  bc  the  duty  of  every  person,  so  going  out  of 
.n-ds,  books  and   q{^(,q^  whenever  thereto  required,  pursuant  to  the  foregoing  provi- 
sions to  deliver,  upon  oath,  all  the  records,  books  and  papers  in 
his  possession  or  in  his  control,  belonging  to  the  office  held  by  him ; 
which  oath  may  be  administered  by  the    officer  to  whom    such 
Pay  over  money  delivery  shall  be  made.     It  shall  also  be  the  duty  of  every  super- 
to  successor.       yisor,  commissioner  of  the  highways,  and  overseer  of  the  poor,  so 
going  out  of  office,  at  the  same  time  to  pay  over  to  such  successor 
the  balance  of  moneys  remaining  in  his  hands,  as  ascertained  by 
the  auditors  of  town  accounts.' 
The  death  of  per-      §  20.     Upon  the  death  of  any  of  the  officers  enumerated  the 
sous  in  office.       succcssor  of  such  officer  shall  make  such  demand,  as  above  pro- 
vided, of  the  executors  or  administrators  of  such  deceased  officer; 
Duty  of  executors  and  it  shaU  be  the  duty  of  such  executors   or  administrators  to 
OT^cUnmistra-     (Jeliver,  upon  the  like  oath,  all  records,  books  and  papers,  in  their 
possession  or  under  their  control,  belonging  to  the  office  held  by 
their  testator  or  intestate. 

ARTICLE  SEVENTH. 

VACANCIES    IN    TOWN    OFFICES   AND    THE   MANNER    OF    FILLING 

THEM. 

Vacancies  in  town      §  1.     Whenever  any  town  shall  fail  to  elect  the  proper  number 

office.  Qf  town  officers,  to  which  such  town  may  be  entitled  by  law,  or 

when  any  person  elected  to  any  town  office  shall  fail  to  qualify  as 

such,  or  whenever  any  vacancy  shall  happen  in  any  town  office, 

from  death,  resignation,  removal  from  the  town,  or  other  cause,  it 

shall  be  lawful  for  the  justices  of  the  peace  of  the  town,  together 

with  the  supervisor  and  town  clerk,  to  fill  the  vacancy  or  vacancies 

j^nner  of  fiiUng  occasioned  or  occurring  in  consequence  of  either  or  any  of  the 

Warrant  of  ap-    causcs  abovc  Specified,  by  appointment,  by  warrant,  under  their 

T'ointment.         hands  and  seals;  and  the  persons  so  appointed  shall  hold  their 

respectiA'e  offices  during  the  unexpired  term  of  the   persons  in 

whose  stead  they  have  been  appointed  and  until  others  are  chosen 

or  appointed  in  their  places,  and  shall  have  the  same  powers  and 

be  subject  to  the  same  duties  and  penalties  as  if  they  had  been 

duly  chosen  by  the  electors.^ 

^Jihrm  of  Oath  to  be  administered  to  Supervisor  and  other  town  officers  on 
going  out  of  office. 

You  do  solemnly  swear  {or  affirm)  that  you  have  delivered  to  A.  B.  {name 
of  successor  in  office)  all  the  records,  books  and  papers  in  your  possession  or 

in  your  control,  belonging  to  the  office  of  supervisor  for  the  town  of , 

so  help  you  God. 

\  (2)  After  the  appointment  of  any  person  to  a  town  office  to  fill  a  vacancy,  the  electors  can- 

not liold  a  special  town  meeting  and  fill  such  vacancy  by  election ;  the  person  appointed  ^TiU 


ART.  7.]  VACANCIES   IN   TOWN   OFFICES.  41 

§  2.     Whenever  a  vacancy  shall  occur,  from  any  cause,  in  any  Appointment  to 
or  either  of  the  offices  enumerated  in  the  foregoing  section  as  com-  appotutkf{f '" 
posing  the  board  of  appointment  for  the  appointing  of  town  officers,  ^°^'^^- 
in  case  of  vacancy,  it  shall  be  lawful  for  the  remaining  officers  of 
such  appointing  board  to  fiU  any  vacancy  or  vacancies  thus  occur- 
ing,  except  in  cases  of  vacancy  in  the  otfice  of  justice  of  the  peace,  Justices  siwii  be 
wliich  shall  be  filled  only  by  election.  mi^'^' 

§  3.  When  any  appointment  shall  be  made,  as  provided  in  the  Warrant  to  be 
two  preceding  sections,  the  officers  making  the  same  shall  cause  the  ^^^' 
warrant  of  appointment  to  be  forthwith  filed  in  the  office  of  the  jjotj,,^  ^^  ^ 
town  clerk,  who  shall  forthwith  give  notice  to  each  person  appointed,  pointment. 

§  4.     The  justices  of  the  peace  of  a  town  may,  for  sufficient  Resignation, 
cause  shown  to  them,  accept  the  resignation  of  any  town  officer  of  Justices  may 
their  town ;  and  whenever  they  shall  accept  any  such  resignation  1861. 
they  shall  forthwith  give  such  notice  thereof  to  the  town  clerk  of 
the  town:  provided,  that  in  towns  having  more  than  two  justices 
of  the  peace  such  resignation  may  be  accepted  by  any  two  of  them.' 

hold  over  until  the  expiration  of  the  time  for  which  his  predecessor  was  elected. — People  v. 
Van  Home,  18  Wend.,  515. 

Form  of  warrant  of  appointinent  by  Justices  of  the  Peace,  Supervisor  and 
Town  Clerk,  to  fill  vacancy. 

To  Robt.  Hasson,  Esq.,  of  the  town  of  Pleasant  Valley,  in  the  county  of 
Jo  Daviess,  and  .state  of  IlUnois,  greeting : 

Whereas,  at  the  annual  town  meeting  of  said  town,  held  on  the  —  day  of 
April,  A.  D.  18 — ,  said  town  neglected  to  choose  a  {here  insert  the  title  of  the 
office  vacant)  for  the  current  year,  (or  as  the  case  may  be,)  whereby  said  office 
has  become  vacant. 

Therefore,  we  reposing  full  confidence  in  your  integrity  and  ability,  have 
appointed  and  do  hereby  appoint  you  a  {here  insert  the  title  of  the  office)  for 
said  town,  to  hold  said  office  until  some  other  person  shall  be  chosen  or 
appointed  in  your  stead ;  and  you  will  have  the  same  powers,  and  be  subject 
to  the  same  duties  and  penalties  as  if  you  had  been  duly  chosen  by  the 
electors  of  said  town. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names  and  affixed 
our  seals  at  Pleasant  Valley,  this  —  day  of ,  A.  D.  18- 


James  Parkinson,  Justice  of  the  Peace. 
Wm.  S.  Williams,  Justice  of  the  Peace. 
John  Crummer,  Supervisor. 
Thos.  W.  Glasspoole,  Town  Clerk. 


SEAL. 
SEAL. 
SEAL. 
SEAL. 


Form  of  notice  by  Town  Clerk  to  one  appointed  to  fill  vacancy. 

To  Robt.  Hasson,  Esq.,  of  the  town  of  Pleasant  Valley,  in  the  county  of 
Jo  Daviess,  and  state  of  Illinois: 

You  are  hereby  notified  that  on  the  —  day  of ,  A.  D.  18 — ,  James 

Parkinson,  William  S.  Williams,  John  Crummer,  and  Thotnas  W.  Glass- 
poole, justices  of  the  peace,  supervisor  and  town  clerk  of  said  town,  by  their 
warrant  of  that  date  under  their  hands  and  seals,  appointed  you  to  the  office 
of  {here  insert  the  title  of  the  office)  for  said  town,  which  warrant  has  been 
duly  filed  in  my  office. 

Given  under  my  hand  this  —  day  of ,  A.  D.  18 — . 

Thos.  W.  Glasspoole,  Town  Clerk. 

^Form  of  resignation  of  Town  Officer. 
To   Galen  Barstow  and  G.  F.  Norton,   Esqs.,  justices  of  the  peace  of  the 
town  of  Lisbon,  in  the  county  of  Kendall,  and  state  of  Illinois: 


42 


GENERAL   DIVISIONS. 


[div.  1. 


ARTICLE  EIGHTH. 


Supervisor  to 

receive  all 

moneys. 

To  give  bond. 

1861. 


Suit  upon. 


Supervisor  to 
prosecute  for 
penalties. 


OF    SUPERVISOR    AND    HIS    DUTIES.* 

§  1.  The  supervisor  of  each  town  shall  receive  and  pay  over 
all  moneys  raised  therein  for  defraying  town  charges,  except  those 
raised  for  the  support  of  highways  and  bridges.  Said  super^^isor 
shall  give  bond  to  the  town,  with  one  or  more  sureties,  conditioned 
for  the  faithful  discharge  of  his  duties  in  relation  to  the  town 
revenue — such  bond  to  be  approved  by  the  town  clerk  and  filed  in 
his  office,  with  such  approval  indorsed  thereon.*  Whenever  the 
town  clerk  shall  ascertain  that  such  bond  has  been  forfeited  he 
shall  institute  suit,  in  the  name  and  for  the  use  of  the  inhabitants 
of  the  town,  against  such  supervisor. 

§  2.  He  shall  prosecute,  in  the  name  of  his  town  or  otherwise, 
as  may  be  necessary,  for  all  penalties  of  fifty  dollars  and  under, 
given  by  law  to  such  town,  or  for  its  use,  and  for  which  no  other 
officer  is  specially  directed  to  prosecute.     And  no  person  shall  be 

By  reason  of  [here  state  the  cause  of  resignation)  I  hereby  resign  the  office 
of  commissioner  of  highways  for  said  town,  [or  as  the  case  may  be)  and 
respectfully  ask  that  you  may  accept  my  resignation. 

John  Boyee. 

Dated  at  Lisbon,  this  —  day  of ,  A.  D.  18 — . 

We,  the  undersigned,  justices  of  the  peace  of  the  said  town  of  Lisbon, 
being  satisfied  of  the  sufBciency  of  the  case  shown  above,  do  accept  of  the 
resignation  of  the  said  Joh7i  Boyer. 

Witness  our  hands  this  —  day  of ,  18 — . 

Galen  Barstow,  )  ^    ..         r  ,i     ■» 

G.  F.  Norton,        \  Justices  of  the  Peace. 

'^Fvrm  of  Supervisor'' s  bond. 
Know  all  men  by  these  presents,  that  we,  John  Gage,  of  the  town  of  Avon, 
in  the  county  of  Lake,  and  state  of  Illinois,  as  principal,  and  Gewge  A. 
Drury,  and  John  Fay,  of  the  said  county  and  state,  as  sureties,  are  held 
and  firmly  bound  unto  the  said  town  of  Avon,  for  the  use  of  the  inhabitants 
of  said  town,  in  the  sum  of  [here  insert  such  amount  as  the  town  clerk  may 
think  proper,)  for  the  payment  of  which  well  and  truly  to  be  made,  we  bind 
ourselves,  our  heirs,  executors  and  administrators,  and  each  of  them,  jointly, 
severally  and   firmly  by  these  presents.     Sealed  with  our  seals,' and  dated 

this  —  day  of A.  D.  18—. 

The  condition  of  the  above  obligation  is  such,  that  whereas,  the  above 
bounden  John  Gage  has  been  chosen  supervisor  of  the  said  town  of  Avon 
for  the  current  year.  Now,  therefore,  if  the  said  John  Gage  shall  faithfully 
discharge  all  the  duties  of  his  said  office  required  of  him  by  law,  in  relation 
to  the  town  revenue,  then  the  above  obligation  to  be  void  and  of  no  effect, 
©therwise  to  remain  in  full  force  and  effect. 

John  Gage,  [seal.] 
Geo.  a.  Drury,  [seal.  | 
John  Fay,  [seal.] 

Fffrm  of  Clerk^s  approval  to  be  endorsed  on  Supervisees  bond. 

I  approve  the  within  bond,  this  —  day  of A.  D.  18 — . 

Stephen  W.  Marvin,  Town  Clerk. 

*See  Board  of  Health  Act,  Appendix,  p.  271. 


AUT.  8.] 


OP  SUPERVISOR. 


43 


disqualified  from  being  a  witness  or  juror  in  such  suit  by  reason 
of"  his  being  an  inhabitant  of  said  town/ 

§  3.  He  shall  keep  a  just  and  true  account  of  the  receipts  and 
expenditures  of  all  moneys  which  shall  come  into  his  hands,  by 
virtue  of  his  office,  in  a  book  to  be  provided  for  that  purpose  at 
the  expense  of  the  town ;  and  said  books  to  be  delivered  to  his 
successors  in  office." 

§  4.  On  Tuesday  preceding  the  annual  town  meetmg  he  shall 
account  with  the  justices  of  the  peace  and  town  clerk  of  the  town, 
or  a  majority  of  them,  for  the  disbursement  of  all  moneys  received 
by  him  in  his  official  capacity. 

§  5.  At  every  such  accounting  the  justices  and  town  clerk,  or 
a  majority  of  them,  shall  enter  a  certificate  in  the  supei-visor's 
office  book  of  accounts,  showing  the  state  of  his  accounts  at  the 
date  of  the  certificate.^ 

§  6.  The  supervisor  of  each  town  shall  attend  the  annual  meet- 
ing of  the  board  of  supervisors  of  the  county  and  at  every  ad- 
journed or  special  meeting  of  said  board  of  which  he  shall  have 
notice. 

§  7.  He  shall  receive  all  accounts  which  may  be  presented  to 
him  against  the  town,  and  shall  lay  them  before  the  board  of  town 
auditors,  at  or  before  their  annual  meeting. 

_  (1)  A  supervisor  of  a  town  in  discharging  his  duties  as  such,  acts  not  in  his  natural,  but 
in  his  official  capacity ;  and  is  pro  tanto  a  corporation.  He  has  capacity  of  suing  and  bein? 
sued  30  far  as  his  trust  is  concerned. 

The  right  to  sue  is  incident  to  his  office,  and  passes  to  his  successor. 

If,  in  a  suit  brought  by  or  against  a  supervisor  as  such,  he  fails  in  hia  action,  execution 

goe.s  against  hiin  personaUy,  and  his  remedy  ia  against  the  to\vn.     So  held  in  New  York 

Janseii  v.  Ostrander,  1  Coiv.,  670. 

^Form  of  keeping  Supervisor's  book. 
M.  L.  Bimlap,  supervisor  of  the  town  of  Leyden,  in  account  with  said  town. 
P^- Cr. 


Witnesses  and 
jurors. 

Account  of  Tc- 
ccipts  and  ex- 
penditures. 


Accounting  with 
the  justices. 


Certificate  to  bo 
entered. 


Attend  mectiugs 
of  the  board. 


Accounts  against 
the  town. 


1855 
Teb'y  1 


I  DOLLS.   I  CIS.  I      DATE. 


To  am't  rec'd  of  col- 
lector of  the  town. 


150 


50 


1855 
Jan'y  1 

April  1 


I  DOLLS.  I  CTS. 


By  am't  paid  for  su- 
pervisor's book 

"  am  "t  paid  Freder- 
ick Brooks,  for 
services  as  town 
auditor, 


*Form  of  Certificate  of  Justices  of  the  Peace  and  Town  Clerk,  to  be  entered  in 

Supervisor'' s  book  upon  examination  of  his  accounts. 
Cook  County,         ) 
Town  of  Leyden,  \  ^^• 

We,  the  undersigned,  the  justices  of  the  peace  and  town  clerk  of  the  said 
town  of  Lei/den  do  hereby  certify  that  we  have  this  day  examined  the  fore- 
going account  (the  certificate  being  entered  at  the  close  of  the  account  at  even/ 
such  accoimting)  of  31.  L.  Bunlap,  supervisor  of  said  town,  and  that  we  find 
the  same  in  all  respects  correct  and  true,  and  that  there  appears  at  this  date 

to  be  a  balance  of  dollars  and  cents  in  the  hands  of  said 

supervisor. 
Witness  our  hands  this  —  day  of  March,  A.  D.  18—. 

W.  Draper,        )  ^    ^.         n   ^     ^ 
Henry  Loyett,  \  Justices  of  the  Peace. 

Frederick  Brooks,  Town  Clerk. 


44  GENERAL   PROVISIONS.  [DIV.    1. 

Copies  of  entries.      §  ^-     He  shall  lay  before  the  board  of  supervisors  such  copies 

of  entries  concerning  moneys  to  be  raised  in  his  town  as  shall  be 

delivered  to  him  by  the  town  clerk. 
Neglect  of  duty.       §  9.     K  any  supervisor  shall  refuse  or  shall  willfully  neglect  to 

perform  any  of  the  duties  of  liis  office,  contained  in  the  pi'eceding 
Forfeiture.  section,  he  shall  forfeit  to  the  town  the  sum  of  fifty  doUai's,  and  be 

disqualified  to  act  as  the  supervisor  of  said  town. 
Asf istant  super-       §   1 0.     Assistant  supervisors  and  supervisors  of  wards  in  cities 
visors.   Powers    ghall  havc  no  powers  or  duties  as  town  officers,  but  shall  be  mem- 
1861.  bers  of  the  board  of  supervisors  of  their  respective  counties,  and 

shall  have,  possess  and  enjoy  all  the  rights,  powers  and  privileges 
^of  such  members. 
iSW.  I  11.     The  supervisors  of  each  town  shall  be  ex-officio  overseer 

of  the  poor  in  their  respective  towns. 

ARTICLE  NINTH. 

OF   TOWN    CLERK   AND   HIS   DUTIES.* 

C'.erke  have  cus-      §  1.     The  town  clerk  of  cach  town  in  this  state  shall  have  the 

o  y  o  recor  i.  ^^j^^^q^j  ^f  ^|j  records,  books  and  papers  of  the  town,  and  he  shall 

duly  file  all  certificates  of  oaths  and  other  papers  required  by  law 

to  be  filed   by  law   in  bis   ofiice,^  and  he    shall   have  power   to 

1867.  administer  the  oath  of  office  to  all  town  officers. 

Shall  transcribe      §  2.     He  shall  transcribe  in  the  book  of  records  of  his  town  the 

minutes  of  the  proceedings  of  every  town  meeting  held  therein, 

and  he  shall  enter  in  his  book  every  order  or  direction,  and  all 

rules  and  regulations  by  any  such  town  meeting. 

To  deliver  copies      §  3.     He  shall   deliver  to  the  supervisor,   before  the   annual 

fw  raising  ^°  ^^  meeting  of  the  board  of  supervisors  of  the  county,  in  each  year, 

mouey.  certified  copies  of  all  entries  of  votes  for  raising  money,  made  since 

the   last  meeting  of  the  board  of  supervisors,  and  recorded  the 

same  in  the  town  book.^ 

To  return  names      ^  4      The  towu  clcrk,  immediately  after  the  election  of  justice 

constables.         of  the  peace,  or  the  qualifying  of  any  constable,  elected  or  ap- 

^^^^-  pointed  in  their  respective  towns,  shall  return  to  the  county  clerk  of 

their  respective  counties  the  names  of  such  justices  and  constables. 

Penalty  for  neg-      ^'p^     jf  any  towu  clerk  shall  willfully  omit  to  make  such  return, 

( 1 )  It  is  competent  for  one  chosen  town  clerk  to  make  a  record  of  bis  own  election  and 
qualification. — BHggs  v.  Murdoch,  13  Pick.,  305. 

When  the  town  clerk  files  a  paper  in  his  ofl5ce,  he  should  make  an  entry  thereof  upon  it, 
with  the  date  of  filing  in  the  following  form  : 

Form  of  entry  of  filing  paper  by  Town  Clerk. 

Filed  this  —  day  of ,  A.  D.  18—. 

John  JACKsoy,  Town  Clerk. 

(2)  Form  of  Certificate  of  Toion   CUrk  to  accmnpany  Book  of  Entries  of  Votes  for  raising 

Money,  recorded  in  Toum  Book. 
Peoria  Conntv,  \ 
Town  of  Peoria,  I  ^^• 

I  do  hereby  certify,  that  the  foregoing  are  true  copies  of  entries  of  votes  for  raising 
money  made  siuce  the  last  meeting  of  the  board  of  supervisors,  and  recorded  in  the  town 
book. 

Witness  my  hand  this  —  day  of ,  A.  D.  18 — . 

W.  LoucKS,  Town  Clerk  of  said  Town. 

*  See  Board  of  Health  Act,  Appendix,  p.  271. 


ART.    10.]  TOWN  AUDITORS.  45 

such  omission  is  hereby  declared  to  be  a  misdemeanor,  and,  on  con- 
viction thereof,  the  person  so  offending  shall  be  adjudged  to  pay  a 
fine,  not  exceeding  ten  dollars. 

§  6.     Copies  of  all  papers,  duly  filed  in  the  ofRce  of  the  town  cicrkscertificute 
clerk,  and  transcripts  from  the  book  of  records,  certified  by  him,  ^j,  Pg^'*"^^' *'"" 
shall  be  evidence  in  all  courts,  in  like  manner  as  if  the  originals 
were  produced.^ 

ARTICLE  TENTH. 

OF   THE   BOARD    OF   AUDITORS    OF   TOWN   ACCOUNTS.* 

§  1.     In  each  town  the  supervisor,  town  clerk  and  justices  of  Town  auditow. 
the  peace  of  the  town  shall  constitute  a  board  of  auditors,  to  ex- 
amine the  accounts  of  the  overseers  of  the  poor  and  the  commis-  fc'co'JILte*'^"  "^^ 
sioners  of  highways  for  such  town,  for  moneys  received  and  dis- 
bursed by  them.^ 

§  2.     In  case  of  the  absence  of  any  or  either  of  said  officers,  vacancy  siipd 
or  their  failure  to  attend  any  meeting  of  the  board,  those  attend-  "^^^^^  °^  '^^- 
ing  may  associate  Avith  them  the  collector  or  assessor  of  the  to\\Ti,  I86l. 
or  both,  in  place  of  any  absentee  or  absentees,  as  the  case  may  be, 
who  shall  act,  for  the  time  being,  as  members  of  such  board. 

§  3.     The  board  of  auditors  of  town  accounts  shall  meet  at  the  Time  of  meetings 
town  clerk's  office,  for  the  purpose  of  examining  and  auditing  the  ^jto^*",  *°^°  """ 
town  accounts,   semi-annually,  in  their   respective  towns,  on  the  1854. 
Tuesday  next  preceding  the  annual  meeting  of  the  board  of  super- 
visors, and  on  the  Tuesday  next  preceding  the  annual  [town]  meet- 
ing, and  such  other  times  as  the  interests  of  the  town  may  require. 

§  4.     The  accounts  so  audited  and  those  rejected,  if  any,  shall  Acoount<!;au(iite(i 
be  delivered,  with  the   certificate  of  the  auditors,  or  a  majority  of  cierk!" 
them,  to  the  town  clerk,  to  be  by  him  kept  on  file,  for  the  inspec- 1®*^!- 
tion   of  any  of  the  inhabitants  of  the  town.     They  shall  also  be 
produced  by  the  town  clerk  at  the  next  annual  meeting  and  shall 
be  there  read  by  him.^ 

^Form  of  Certificate  of  Town  Clerk  to  copies  of  Papers  and  Records. 

La  Salle  County,  ) 

Town  of  Vermillion,    )     ' 

I,  /.  M.  Leonard,  town  clerk  of  said  town  of  Vermillion,  do  hereby  cer- 
tify, that  the  foregoing  [or  within)  is  a  true  and  correct  copy  of  the  original 
thereof  on  file  in  my  office,  [or  is  a  true  and  correct  transcript  from  the 
original  book  of  records  of  said  town,  wherein  is  contained  the  entry  or 
record  of  all  such  matters.) 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  this  —  day  of 

,  A.  D.  18—. 

J.  M.  Leonard,  Town  Clerk,     [seal.] 

(2)  When  all  the  ofBcers  constituting  the  board  of  town  auditors  have  met,  a  majority  of 
them  may  decide  upon  questions  coming  before  them,  and  their  certificate  will  be  valid 
although  the  supervisor  Ims  refused  to  sign  it. —  Onderdonk  v.  Supervisors,  1  Hill,  195. 

^Form  of  Certificate  of  Tmen  Auditors,  to  be  delivered  with  accounts 
audited. 
Lee  County,  ) 

Town  of  Bradford,    \  ^^* 
We,  the  undersigned,  compo.sing  the  board  of  town  auditors  of  said  town, 
♦See  Board  of  Health  Act,  Appendix,  p.  272. 


46 


GENERAL  PROVISIONS. 


[div.  1. 


§  5.  The  board  of  auditors,  composed  of  the  same  officers  then 
in  office,  shall  at  the  same  time  and  place  as  stated  in  section  two, 
[three]  examine  and  audit  all  charges  and  claims  against  their 
respective  towns  and  the  compensation  of  all  town  officers,  except 
supervisors,  for  county  services. 

§  6.     The  board  of  auditors  may  require  accounts  presented  to 


Shall  audit 
charges  and 
claims. 


Accounts  verified 
li.v  ;;ffidavit, 
when  required. 

1801. 


Shall  make  cer- 
tificate of  their 
doings. 


be  verified  by  affidavit,  setting  forth  that  the  same  is  correct  and 
just  and  is  unpaid,  or,  if  any  part  thereof  has  been  paid,  setting 
forth  how  much.' 

§  7.  The  said  board  shall  make  a  certificate,  to  be  signed  by  a 
majority  of  said  board,  specifying  the  nature  of  the  claim  or  de- 
mand, and  to  whom  the  amount  is  allowed,  and  shall  cause  said 

do  hereby  certify,  that  we  have  this  day  examined  the  accounts  of  Samu'cl 
Crawford,  overseer  of  the  poor,  and  of  Edvnn  W.  Starks,  James  Thomas 
and  Edwin  W.  Pomeroy,  commissioners  of  highways  for  said  town,  pre- 
sented by  them  to  us,  for  moneys  received  and  disbursed  by  them ;  and  that 
we  have  audited  and  allowed  to  the  said  Samuel  Crawford,  the  sum  of  twcnti/ 
dollars  and  ^ify  cents  for  his  services  and  disbursements  necessarily  made 
by  him  up  to  this  date,  in  the  execution  of  his  duties  as  overseer  of  the 
poor,  and  that  we  find  a  balance  of  ten  dollars  and  ffty  cents  to  be  due  to 
him  in  said  town.     That  we  have  audited  and  allowed  to  the  said  Edwin  W. 

Starks,  James  Thomas  and  Edwin  W.  Pomeroij,  the  sum  of dollars  and 

cents,  each  for  their  services  and  disbursements  necessarily  made  by 

them   up  to  this  date,  in  the  execution  of  their  duties  as  com.missioners  of 

highways,  and  that  we  find  a  balance  of dollars  and cents,  in  the 

hands  of  their  treasurer,  and  due  to  the  town. 

Witness  our  hands  this  —  day  of A.  D.  18 — . 

Seth  H.  WniTMORE,  Supervisor. 
Thomas  S.  Hurlbut,  Town  Clerk. 

E™'peat^,''''''''  [justices  of  the  Peace. 

It  is  held,  Siipervisor''s  v.  Ottotoa,  12  iW.«.,  480,  that  the  board  of  superrisors  in  such 
counties  as  have  adopted  township  organization  are  required  to  provide  for  the  support  of  the 
paupers  of  the  county,  and  that  there  is  no  foundation  for  a  distinction  between  county  and 
town  paupers.  The  section  of  this  act,  therefore,  providing  for  the  account  of  over.seer  of 
the  poor  will  not  apply  except  in  those  counties  where  by  special  enactment  the  town  sup- 
port their  own  poor. 

^Em-tn  of  Bill  against  fotvn  and  Affidavit  of  correctness. 
Town  of  Elm  Grove, 

To  A.  J.  Davis,        Dr. 
1861.     April  8.     To  services  as  supervisor,  one  day,  out  of  town 
in  attending  to  prosecution  of  suit  in  favor  of  said  town  against  C. 
D.,  pending  in  the  Tazewell  county  circuit  court,  $1.50 

A.  J.  Davis. 
Stath  of  Illinois,  ) 
2'azewell   County,  J 

A.  J.  Davis  being  duly  sworn  doth  depose  and  say,  that  the  foregoing  (or 
annexed)  bill  for  one  dollar  a.ndf fty  cents  by  him  rendered  against  the  town 
of  Ehn  Grove,  in  said  county,  for  services  rendered  as  therein  stated,  is  cor- 
rect and  just,  and  is  unpaid. 

A.  J.  Davis. 
Subscribed  and  sworn  to  before  me  this 

—  day  of ,  A.  D.  IS — . 

John  Dillon,  Justice  of  the  Peace. 


Note. — Where  any  part  of  a  bill  has  previously  been  allowed  and  paid,  credit  therefor 
(hould  be  given  on  the  bill,  and  the  fact  stated  in  the  afBda^-it. 


ART.  11.]  COMPENSATION   OF   OFFICERS.  47 

certificate  to  be  delivered  to  the  town  clerk  of  said  town,  to  be  by 

him  ke^Jt  on  file,  for  the  inspection  of  any  of  the  inhabitants  of 

said  town ;  and  the  aggregate  amount  shall  be   delivered  to  the 

supervisor,  to  be  by  him   laid  before  the  board  of  supervisors,  at 

their  annual  meeting.     The  board  of  supervisors  shall  cause  the  Amount  to  ba 

amount  of  said   charges   to  be   levied  upon  the  property  of  said  xJ'be  read  at 

town,  and  collected  as  other  taxes  are  levied  and  collected.     Tiie  town  meeting. 

claims  and  comjiensation  audited  and  allowed  shall  be  read  to  the 

electors,  at  the  next  annual  [town]  meeting,  as  directed  in  section 

four  of  this  article.^ 

§  8.     The  following  shall  be  deemed  town  charges :  Town  charges. 

1st.  The  compensation  of  town  officers,  for  services  rendered 
their  respective  towns. 

2d.  Contingent  expenses,  necessarily  incurred,  for  the  use  and 
benefit  of  the  town. 

3d.  The  moneys  authorized  to  be  raised  by  the  vote  of  a  town 
meeting,  for  any  town  purposes  ;  and, 

4th.  Every  sum  directed  by  law  to  be  raised  for  any  town 
purposes. 

§  9.     The  moneys  necessary  to  defray  the  town  charges  of  each  Town  charges  t« 
town  shall  be  levied  on  the  taxable  property  in  such  town,  in  the  ^®  levied. 
manner  prescribed  in  the  act  for  raising  revenue  and  other  moneys 
for  state  and  county  purposes  and  expenses. 

ARTICLE  ELEVENTH. 

OF   THE    COMPENSATION    OP   TOWN    OFFICERS. 

§  1.  The  following  town  officers  shall  be  entitled  to  compensa- 
tion, at  the  following  i-ates  for  each  day  necessarily  devoted  by 
them  to  the  service  of  the  town,  in  the  duties  of  their  respective 
offices. 

§  2.     The  town  clerk,  supervisor,  overseer  of  the  poor  and  com-  compensation  of 
missioners  of  highways,  shall  receive  for  their  services  one  dollar  ^°^™  officers. 
and  fifty  cents  per  day,  when  attending  to  town  business  out  of  superrisor. 
town  ; — one  dollar  for  town  business  in   their  town  :  provided,  that  Overseers  of  poor. 
the  town  clerk  shall  receive  fees  for  the  following,  and  not  a  per  Commissioner.^  of 
diem:     For   serving   notices  of  election   upon  town   officers,  as    ^  ^*^*^ 
requii-ed  by   law,    twenty-five    cents   each;    for  filing  any  paper derk^g  fees  for 
required  by  law  to  be  filed  in  his  office,  ten  cents  each ;  for  posting  services  and 
up  notices  required  by  law,  twenty -five  cents  each  ;  for  recording  igef* 
any  order  or  instrument  of  writing,  authorized  by  law,  six  cents 
for  each  one  hundred  words ;  for  copying  any  record  in  his  office 

^Fonn  of  Certificate  of  Auditors  allouing  claims  against  a  town  with  nature  of 

demand,  and  to  whom  the  amount  is  allovxd. 
Lee  County,  ) 

Town  of  Bradford,      \  ^^• 

We,  the  undersigned,  composing  the  board  of  town  auditors  of  the  said 
town  of  Bradford,  do  hereby  certify  that  the  following  is  the  nature  of  the 


48 


GENERAL   PROVISIONS. 


[div.  1. 


and  certifying  to  the  same,  six  cents  for  every  one  hundred  words, 
to  be  paid  by  the  person  applying  for  the  same ;  for  copying  by- 
laws for  posting  or  publication,  four  cents  each  one  hundred  words, 
to  be  paid  for  by  the  town.  The  town  assessor  shall  receive,  for 
his  services  as  assessor,  one  dollar  and  fifty  cents  per  day. 

§  3.  The  pound  master  shall  be  allowed  the  following  fees  for 
his  services,  to  wit:  For  taking  into  the  pound  and  discharging 
therefrom,  every  horse,  ass  or  mule,  and  all  neat  cattle,  ten  cents 
each ;  for  every  sheep  or  lamb,  three  cents  each ;  and  for  every 
hog,  large  or  small,  five  cents. 

§  4.  The  officers  composing  the  board  of  appointment  in  case 
of  vacancy,  when  they  shall  meet  for  that  purpose,  and  the  officers 
composing  the  board  of  town  auditors,  shall  each  be  entitled  to  one 
dollar  a  day  for  their  services. 
No  fees  for  oath  §  5.  No  justice  of  the  peace  or  town  officer  shall  be  entitled 
jgQ2  to  any  fee  or  compensation  from  any  individual  elected  or  chosen 

to  a  town  office  for  administerin":  to  liim  the  oath  of  office. 


Assessor. 
1354 


Pound  master's 
fee8. 


Town  auditor's 

fees. 

1861. 


ARTICLE  TWELFTH. 


Actions  how  con- 
B  trued. 


Kffect   of  judg- 
ment 


OF  LEGAL  PROCEEDINaS  IN    FAVOR    OF    AND    AGAINST    TOWNS. 

§  1.  Whenever  any  controversy  or  cause  of  action  shall  exist 
between  any  towns  of  this  state  and  between  any  town  and  indi- 
vidual or  corporation  such  proceedings  shall  be  had,  either  at  law 
or  equity,  for  the  purpose  of  trying  and  finally  settling  such  con- 
troversy ;  and  the  same  shall  be  conducted  in  the  same  manner 
and  the  judgment  or  decree  therein,  shall  have  the  like  efiect  as 
in  other  suits  or  proceedings  of  a  similar  kind  between  individuals 
and  corporations. 

claims  or  demands  against  said  town,  presented  to  us  this  day  to  be 
audited,  showing  to  whom  the  several  amounts  are  allowed : 
To  Lwenzo  Wood,  Esq.,  supervisor  of  the  town  of  Dixon,  in  said 
county,  for  one  day's  services  in  road  appeal  case,  as  rendered 
by  commissioners  of  highways, 
To  Charles  Starks,  for  his  damages  allowed  by  commissioners  of 

highways  on  road  above  mentioned, 
(Specifying  particularly  tJie  nature  of  each  claim  or  demand,  and  to  whwn 
the  amou7its  are  allowed)  and  that  we  have  this  day  audited  and  allowed  to  the 
above  named  persons  the  several  sums  as  above  stated. 

Witness  our  hands  this  —  day  of A.  D.  18 — . 

Seth  H.  Whitmore,  Supervisor. 
Thomas  S.  Hurlbut,  Town  Clerk. 
Timothy  L.  Minor,  }  ^    ..        <>*t,^t>«^^„ 
Elisha  Pratt,        '  [  -^"^^^^^^  «^  *^^  ^^'^^"- 

It  is  held  in  New  York  that  the  board  of  supervisors  are  precluded  from  going  behind  the 
certificate  of  town  auditors,  to  inquire  as  to  the  merits  of  the  particular  items  allowed,  but 
are  bound  to  act  upon  the  amount  audited  without  modification ;  and  that  a  certificate  of 
town  auditors  purporting  in  the  body  of  it  to  have  been  made  by  "  the  board  of  auditors  of 
the  town  of  N.  H."  is  sufficient,  though  the  officers  have  merely  signed  their  names  without 
adding  their  official  titles,  and  that  it  need  not  appear  upon  the  face  of  the  certificate  that 
the  auditors  met  at  the  proper  time  and  place.  It  will  suffice  if  in  point  of  feet,  their  meet- 
ing was  regular  in  those  respects. —  Onderdonk  v.  Queen'^s  Co.,  1  Hill,  195. 


$1.50 


25.00     .; 


ART.  12,]  LEGAL   PROCEEDINGS.  4» 

§  2.     In  all  such  suits  and  proceedings  the  town  shall  sue  and  Suit  in  name  of 
be  sued  by  its  name,  except  where  town  officers  shall  be  authorized  '°^^'*' 
by  law  to  sue  in  their  name  of  office  for  the  benefit  of  the  town.* 

§  3.     But  no  towns  or  their  officers  shall  be  required  to  appear,  serving  of  pro- 
answer  or  plead  to  any  such  suit  or  action  at  the  first  term  of  the  cess. 
court  after  the   commencement   thereof,  (when  the  same  shall  be 
commenced  in  the  circuit  court,)  unless  the  process  aforesaid  shall 
be  served,  as  herein  directed,  at  least  thirty  days  before  the  com- 
mencement of  the  term. 

§  4.  In  all  legal  proceedings  against  the  town,  by  name,  the  On  whom  serred. 
first  process  and  all  other  proceedings  required  to  be  served  shall 
be  served  on  the  supervisor  of  the  town.  And  whenever  any  suit 
or  proceeding  shall  be  commenced,  it  shall  be  the  duty  of  the 
supervisor  to  attend  to  the  defense  thereof,  and  to  lay  before  the  ^^^^  °^  Supervi- 
electors  of  the  town,  at  the  first  town  meeting,  a  full  statement  of 
such  suit  or  proceeding,  for  their  direction  in  regard  to  the  defense 
thereof. 

§  5.     On  the  trial  of  every  action,  in  which  the  town  will  be  a  Witnesses  and  j«- 
party  or  interested,  the  electors  and  inhabitants  of  such  town  shall  '^°'^" 
be  competent  witnesses  and  jurors,  except  that  in  suits  and  pro- 
ceedings by  one  town  against  another  no  inhabitant  of  either  town 
shall  be  a  jui'or.'' 

§  6.     Any  action  in  favor  of  a  town,  which,  if  brought  by  an  Suits  before  jus- 
individual,  could  be  pi'osecuted  before  a  justice  of  the  peace,  may  ^^'^^^' 
be  pi'osecuted  by  such  town  in  like  manner,  before  any  such  jus- 
tice ;  but  no  action  to  recover  shall  be  brought  before  any  of  the 
justices  of  the  peace  residing  in  the  town  for  the  benefit  of  which  Except  in  town, 
the  same  is  prosecuted,  but  all  such  actions  may  be  brought  before 
any  one  of  the  justices  of  the  peace  residing  in  any  other  town  in 
the  same  county. 

§  7.  Whenever  any  action  shall  be  brought  to  recover  a  Trespass  suits, 
penalty  imposed  for  any  trespass  committed  on  the  lands  belonging 
to  the  town,  if  it  shall  appear  on  the  trial  thereof  that  the  actual 
amount  of  injury  to  such  town  lands,  in  consequence  of  such  tres- 
pass, exceeds  the  sum  of  twelve  dollars  and  fifty  cents,  then  the 
amount  of  actual  damage,  with  costs  of  suit,  shall  be  recovered  in 
said  action,  instead  of  any  penalty  for  the  same  trespass,  imposed 
by  the  town  meeting ;  and  such  recovery  shall  be  a  bar  to  every 
other  suit  for  the  same  trespass. 

§  8.     Whenever,  by  any  decree  or  decision  in  any  suit  or  pro-  Suits  in  reiaticn 
ceeding,  brought  to  settle  any  controversy  in  relation  to  town  com-  '°  '""^  ^^'^' 
mons  or  other  lands,  the  common  property  of  a  town,  or  for  the 
partition  thereof,  the  right  of  any  town  shall  be  settled  and  con- 

(1)  [The  form  of  entitling  a  suit  in  case  of  the  town  being  a  party,  should  be  thus :] 
Town  of  Flato  ' 

vs. 
James  Jackxo7i, 

(2)  Tf  after  a  Tote  of  the  town  not  to  defend  an  action  brought  against  it,  the  supervisor 
or  person  representing  tlie  town,  shall  nevertheless  make  a  defence,  he  will  not  be  a  compe- 
tont  witness  in  the  action,  for  he  will  be  bound  to  indemnify  the  town  agiiinst  the  costs  of  the 
defence. — Btrterson  v.  Newberry.  13  Pick.,  377. 

4 


60 


GENERAL  PROVISIONS. 


[div.  1. 


firmed,  the  court  in  which  such  proceedings  shall  be  had  may  par- 
tition such  lands  according  to  the  rights  of  the  parties. 
Kecoverj- of  costs.      §  9.     In  all  suits  or  proceedings,  prosecuted  by  or  against  towns, 
or  by  or  against  town  officers  in  their  name  of  office,  costs  shall  be 
recovered  as  in  like  cases  between  individuals.     Judgments  recov- 
ered against  a  town  or  against  town  officers,  in  actions  prosecuted 
Judgment  a  town  by  or  against  them  in  their  name  of  office,  shall  be  a  town  charge, 
charge.  ^j^^j^  when  levied  and  collected,  shall  be  paid  to  the  person  or  per- 

sons to  whom  the  same  shall  have  been  adjudged.* 


ARTICLE   THIRTEENTH. 


Snits. 

Purchase  and 
hold  lands. 


Power  to  make 
contracts. 


To  make  orders. 


Restriction  of 
power. 


OF    THE    POWERS    AND    RIGHTS    OP    COUNTIES    AS    BODIES    COR- 
PORATE. 

§  1.     Each  county,  as  a  body  corporate,  has  capacity: 
1st.     To  sue  and  be  sued,  in  the  manner  prescribed  by  law.^ 
2nd.     To  purchase  and  hold  land,  within  its  own  limits,  and  for 
the  use  of  its  inhabitants,  subject  to  the  power  of  the  general 
assembly  over  the  same.^ 

3d.  To  make  such  contracts  and  purcnase  and  hold  such  per- 
sonal property  as  may  be  necessary  to  the  exercise  of  its  corporate 
or  administrative  powers  ;*  and, 

4th.  To  make  such  orders  for  the  disposition,  regulation  or  use 
of  corporate  property  as  may  be  deemed  conducive  to  the  interests 
of  its  inhabitants. 

§  2.     No  county,  under  this  organization,  shall  possess  or  exer- 

(1)  A  town  is  authorized  to  indemnify  its  officers  against  a  liability  which  they  may  incur 
in  the  bona  fide  discharge  of  their  duties,  although  it  turn  out  that  they  haye  exceeded  their 
legal  rights  and  authority.     So  held  in  Massachusetts. — Bancroft  v.  Lynfiehl,  18  Pick.,  666. 

(2)  Counties  can  neither  sue  or  be  sued  at  the  common  law.  Their  rights  and  habilities  de- 
pend on  statutorj'  enactment. — Schuyler  County  v.  Mercer  County,  4  Gilm.,  20. 

All  actions  against  a  county  must  be  commenced  and  prosecuted  to  judgment  and  execu- 
tion in  the  circuit  court  of  that  county.  All  actions  wherein  a  county  is  plaintiff  must  be 
commenced  and  prosecuted  to  judjjmeut  in  the  county  of  the  defcndaut. — Jrlein. 

Ordinarily,  a  law  which  in  general  terms  speaks  of  plaintiffs  and  defendants,  applies  to  per- 
sons only,  and  does  not  apply  to  states,  counties  and  municipal  corporations,  unless  expressly 
named. — Idem . 

A  county  is  a  public  corporation,  subject  to  the  control  of  the  legislature  ;  and  the  legisla- 
ture may  release  a  penalty  recovered  in  a  popular  action  brought  for  the  benefit  of  a  county. 
— Holliday  y.  Peojile,  5  Gihn.,  214.     Sec  also.  Coles  v.  Madiso?i  County,  Breese,  115. 

Declarations  of  county  commissioners,  are  not  evidence  agsiinst  their  county,  unless  made 
while  officially  repre^ienting  the  county,  and  while  engaged  iu  the  transaction  respecting 
which  the  declaration  is  made. — La  Salle  County  y.  Simmons,  5  Gihn.,  513. 

A  hook  kept  in  the  clerk's  office  of  the  county  commissioners,  under  their  direction,  re- 
specting the  affairs  of  the  county,  though  not  a  public  record,  is  prima  facie  evidence  against 
the  county  of  the  facts  stated  tlierein. — Idem. 

(3)  A  grant  to  the  supervisors  for  tlie  xise  of  the  inhabitants  of  a  particular  town,  is  void  ; 
for  if  the  supervisoi-s  are  a  corporation  they  have  no  capacity  to  take  and  hold  lands  as  super- 
visors for  the  use  of  tlie  inliabitanta  of  a  to^ni,  or  for  any  other  use  or  pvirpose  than  that  of 
the  county  which  they  represent. 

Supervisors  are  a  corporation  with  special  powers  and  for  special  purposes  only — they  can 
not  act  but  by  special  authority. — Lynch  v.  Hnrtwell,  8  John;:.,  422. 

(4)  A  contract  made  by  the  proper  authorities  of  the  county,  with  a  physician,  to  render 
professional  services  to  a  pau]5er,  and  not  entered  on  record,  may  be  proved  by  parol.  One 
who  at  the  request  of  su(  h  authorities  rendered  aid  to  a  per.son  aclcnowledged  by  them  as  a 
pauper,  need  not  prove  the  pauper  legally  entitled  to  such  aid  in  order  to  entitle  him  to  re- 
cover for  such  service. —  Vermillion  Co.  v.  Knight,  1  Scajn.,  97. 

Counties  are  not  liable  to  pay  interest  on  their  contracts,  except  in  pursuance  of  an  exprcsa 
agre«ment  to  do  sio.—Pilce  Co.  v.  Hosford,  11  lU.,  170. 


ART.  14.]  BOARD   OF   SUPERVISORS.  ;j  I 

cise  any  corporate  powers,  except  such  as  are  enumerated  in  this 
act,  or  shall  be  specially  given  by  law,  or  shall  be  necessary  to  the 
exercise  of  the  powers  so  enumerated  or  given. 

§  3.     All  acts  and  proceedings  by  or  against  a  county,  in  its  Suits  imcieonTc-y- 
corporate  capacity,  shall  be  in  the  name  of  the  board  of  supervisors  ^'^^' 
of  such  county ;  but  every  conveyance  of  lands  within  the  limits 
of  such  county,  made,  in  any  manner,  for  the  use  and  benefit  of  its 
inhabitants,  shall  have  the  same  effect  as  if  made  to  the  board  of 
supervisors.^ 

§  4.     The  powers  of  a  county,  as  a  body  politic,  can  only  be  Expreise  of 
exercised  by  the  board  of  supervisors  thereof,  or  in  pursuance  of  a  i'""^'''"- 
resolution  by  them  adopted. 

§  5.     In  all  suits  or  proceedings  against  a  county  the  service  of  Serving  of  pro- 
process  shall  be  by  leaving  a  copy  thereof  with  the  clerk  of  the  j!!!" 
board  of  supervisors,  and  by  leaving  also  a  copy  with  the  chairman 
of  said  board.     In  case  there  shall  be  no  chairman  acting,  then  by 
leaving  a  copy  with  any  three  members  of  said  board. 


ARTICLE   FOURTEENTH. 

OP   THE   BOARD    OP    SUPERVISORS.* 

§  1.  The  supervisors  of  the  several  cities  and  towns  of  the  Annual  meettng. 
counties  of  this  state,  that  shall  adopt  the  town  system,  shall  meet, 
annually,  in  their  respective  counties,  for  the  dispatch  of  business, 
as  a  board  of  supervisors.  They  may  also  hold  special  meetings.  Special  meetings, 
at  such  times  and  places  as  they  may  find  convenient,  and  shall 
have  power  to  adjourn,  from  time  to  time,  as  they  may  deem 
necessary. 

§  2.     Special  meetings  of  the  board  of  supervisors  shall  be  held  Special  m*et5r,3e, 
only  when  requested  by  at  least  one-third  of  the  members  of  the  jg^j 
boiird ;  which  request  shall  be  in  writing,  addressed  to  the  clerk 
of  the  board,  and  specifying  the  time  and  place  of  such  meeting; 
upon  reception  of  which    the  clerk    shall   immediately  transmit 
notice,  in  writing,  of  such  meeting  to  each  of  the  members  of  the  sotice  of,  to  b« 
board.     The  clerk  shall  also  cause  notice  of  such  meeting  to  be  P^tiished. 

(1)  The  law  which  gave  jurisdiction  over  county  affairs  to  the  board  of  supervisors,  went 
into  operation  on  the  first  Tuesday  in  April,  1850.  The  county  corporation  was  not  aboUshed 
by  this  law.  Its  name  was  changed,  but  suits  inptitutcd  in  the  old  name  do  not  therefore 
a.hate.— Town  of  Ottawa  v.  Co.  of  La  Salle,  11  I'ls.,  654. 

By  the  constitution,  the  right  of  a  county  to  adopt  township  organization  is  made  to  depend 
expressly  upon  the  aflirmative  vote  of  a  majority  of  all  within  the  county  entitled  to  vote  on 
the  question.  The  p<iwer  of  the  county  court,  over  the  county  business,  continues  until  the 
organization  is  adopted  by  such  vote.— People  ex  rel.  v.  Broipn  et  al.,  11  Ills.,  478. 

A  conveyance  of  land  to  a  county,  in  consideration  that  the  county  seat  be  located  at  a  par- 
ticular place,  does  not  deprive  the  legislature  of  the  power  to  remove  the  county  seat.  The 
donors  of  the  laud,  if  the  conveyance  be  unconditional,  can  not  recover  damages  for  such 
removal.  An  agi-eement  that  the  land  should  revert,  in  case  of  removal,  should  be  expressed 
in  the  conveyance,  and  can  not  rest  in  parol. — A/lams  et  ai.  v.  Logan  County,  11  111.,  336. 

If  a  specific  fund  be  given  by  the  legislature  to  a  county,  to  be  held  in  trust  for  certain  pur- 
poses, and  the  fund  be  diverted  from  it«  purpose,  and  mixed  with  the  general  funds  of  tha 
county,  a  mandamus  may  be  awarded,  directing  the  payment  of  the  fund  to  the  proper  pur- 
p08i»  out  of  the  general  funds  of  the  county.— Pihe  Co.'y.  the  State,  11  lU.,  202. 

•See  Board  of  Health  Act,  Appendix,  p.  272 


52 


GENERAL  PROVISIONS. 


[DIV.  1. 


Day  of  meeting. 


published  in  some  newspaper  published  in  the  county,  if  any  is 

published  therein.* 

§  3.     The  annual  meetings  of  the  board  of  supervisors  shall  be 

holden  on  the  second  Monday  in  September,  in  each  and  every  yeai-, 

at  the  county  seat ;  and  if  the  court  house  be  deemed  convenient 

to  be  held  therein. 
Shall  organize  by      §  4.     The  board  of  supervisors,  at  their  first  meeting  in  every 
choosing  ciiair-    year,  shall  organize,  by  choosing  one  of  their  number  as  chairman, 

who  shall  preside  at  all  meetings  of  the  board  during  the  year. 

In  case  of  his  absence  at  any  meeting,  the  members  present  shall 

choose  one  of  their  number  as  temporary  chairman.* 

§  5.     The  supervisors  shall  severally  lay  before  the  board  of 

supervisors,  at  the  first  meeting  after  their  election,  their  several 

certificates  of  election  ;  which  shall  be  examined  by  the  board  of 

supervisors,  and,  if  found  regular,  shall  be  filed  in  the  office  of  the 

clerk  of  the  county  court. 

§   6.     The  board  of  supervisors  of  each  county  in  this  state  shall 

have  power,  at  their  annual  meetings,  or  at  any  other  meeting : 


Produce  certifi- 
■Rate  of  electjoa. 
1854. 


PowCT^  of  the 
board. 


1  Form  of  reqiiest  for  Special  Meeting  of  Board  of  Supervisors. 
To  S.  S.  Saul,  Esq.,  clerk  of  the  Board  of  Supervisors  oi  Livinffst&n.  county, 

State  of  Illinois : 

The  undersigned  being  one-third  of  the  members  of  the  board  of  super- 
visors of  said  county  of  Livingnton,  do  request  that  a  special  meeting  of  said 


board  be  held,  to  convene  on  the  —  day  of 

house  in  the  town  of  Pontiac  in  said  county. 

Dated  this  —  dav  of ,  A.  D.  18—. 

H.  Hill, 

H.  Hamlin, 

R.  Thompson, 

Jesse  Hanka, 


A.  D.  18 — ,  at  the  court- 


Samuel  Morrison, 
Robert  Young, 
Jesse  Slider,  , 
Isaac  Wilson. 


Form  of  Notice  to  each  Supervisor,  of  Special  Meeting  of  the  Board. 
To  Joshua  Mills,  Esq.,  a  member  of  the  board  of  supervisors  of  Livingston 

county : 

You  are  hereby  notified,  that  in  accordance  with  a  request  in  writing  ad- 
dressed to  the  undersigned,  clerk  of  said  board  of  supervisors,  by  one-third 
of  the  members  thereof,  a  special  njeeting  of  said  board  will  be  held,  to  con- 
vene on  the  —  day  of ,  A.  D.  18 — ,  at  the  court  house  in  the  town  of 

Pontiac  in  said  county. 

Dated  at  Pontiac,  this  —  day  of ,  18 — . 

S.  S.  Saul,  Clerk  of  Board  of  Supervisors. 

Form  of  Notice  of  Special  Meeting  of  Board  of  Supervisors,  for  piMication  in 

Newspaper. 
special  meeting  of  board  of  supervisors. 
Notice  is  hereby  given,  that  pursuant  to   a  request  of  one-third  of  the 
members  of  the  board  of  supervisors  of  Livingston  county,  a  special  meet- 
ing of  said  board  will  be  held,  to  convene  on  the  —  day  of ,  18 — ,  at 

the  court-house  in  the  town  of  Pontiac,  in  said  county. 

Dated  at  Pontiac,  this  —  day  of 18 — . 

S.  S.  Saul,  Clerk. 

(2)  The  board  of  supervisors  may  elect  a  temporary  chairman,  whether  there  is  a  regular 
chairman  in  existence  or  Lot,  and  any  meeting  of  the  hoard  at  which  a  quorum  is  present 
must  be  regarded  as  valid. —  Toum  of  Ottawa  v.  Co.  of  La  Salle,  11  Ills..  &A. 

That  is,  if  regularly  called  in  pursuance  of  law. 


ART.  14.]  BOARD   OP   SUPERVISORS — CLERK.  f)8 

1st,     To  make  all  such  orders  concerning  the  corporate  property  To  make  ordtix 
of  the  county  as  they  may  deem  expedient. 

2nd.  To  audit  all  accounts  chargeable  against  such  county,  and  A"'i't  account 
to  direct  the  raising  of  such  sums  as  may  be  necessary  to  defray 
the  same.' 

3d.  To   audit  the  accounts  of  town  officers   and  other  persons  Audit  accoo>it« 
against  their  respective  towns,   as  are  not  otherwise  by  law  pro- "S'"'"' '°^"^- 
vided,  and  to  direct  the  raising  of  such  sums  as  may  be  necessary 
to  defray  the  same. 

4th.  To   appropriate  funds  to  aid  in  the  construction  of  roads  Appropriations 
and  bridges,  in  any  part  of  their  respective  counties,  whenever  a jj^^dges f" "'^ 
majority  of  the  whole  board  of  the  county  may  deem  it  proper  and 
expedient.'' 

5th.  To  change   the   boundaries  of  towns  and  ta  create  new  change  bounda- 


ries and  create 
towns. 


towns,  in  their  respective  counties,  in  manner  provided  by  law  ;  to  _ 
designate  and  give  names  thereto,  and  to  fix  the  place  of  holding  isei. 
the  first  town  meeting  therein.^ 

6th.  To  change  the  name  of  any  town  or  incorporated  village  in  change  nam^s  of 
their  respective  counties,  upon  petition  of  a  majority  of  the  voters  jg^' 
of  said  town  or  incorporated  village. 

7th.  To  relocate  or  vacate  state  roads  in  their  respective  coun-vacaUngof  8t*(« 
ties,  as  the  public  mterest  may  require,  in  manner  provided  by  ^^^' 
law.* 

(1)  The  power  granted  to  supervisors  of  a  county  to  examine,  settle  and  allow  all  accounts 
chargeable  against  a  county,  involves  the  right  to  r^ect,  if  sufficient  reason,  in  the  opinion 
of  the  supervisors,  is  not  presented  for  the  allowance. — People  v.  Supervisors  Dutchess  Co.,  9  , 
Wend.,  508. 

It  is  held  in  Michfigan  that  a  countj'  is  not  liable  to  an  attorney  for  defending  a  prisoner  ab 
the  request  of  the  court  when  the  prisoner  is  poor  and  unable  to  employ  counsel. — Bacon  t. 
Wayne  Co.,  1  Miclu-^an  R.,  461. 

A  county  is  not  liable  to  the  clerk  of  the  circuit  court  for  his  fees  on  a  scire  facias  upoa 
a  recognizance. — Ed^ar  County  v.  Mayo.  3  Gilm.,  82. 

Sheriffs  are  not  allowed  pay  from  the  county  for  stationery  used  in  the  discharge  of  the 
duties  of  their  offices ;  nor  for  mileage  in  summoning  grand  and  petit  juries.  It  is  held  that 
there  is  no  legal  or  moral  obligation  on  the  counties  to  pay  such  charges.  These  officers  take 
their  offices  with  all  the  benefits  and  burthens  given  or  imposed  upon  them. — Bryner  v.  Board 
of  Supervisors,  24  //(.,  195. 

Neither  the  state,  nor  county,  is  bound  by  law  to  pay  the  fees  of  officers  in  prosecutions  in 
behalf  of  the  people  where  no  conviction  is  had;  and  where  the  defendant  is  convicted,  the 
officers  must  look  to  the  defendant's  estate  for  their  costs  and  run  the  risk  of  losing  them  if 
he  be  insolvent. — KUckell  v.  Madison  County,  4  Scam.,  163. 

The  necessary  lights  and  fuel  for  keeping  of  the  several  county  offices  in  a  suitable  condi- 
tion for  the  transaction  of  business,  are  a  proper  county  charge ;  so  held  in  Wisconsin. — 
Jefferson.  Co   v.  Besley,  5  Wisconsin  R.,  134. 

A  board  of  supervisors,  by  auditing  and  paying  part  of  a  claim  presented,  is  not  thereby 
precluded  from  contesting  the  residue,  even  upon  a  principle  which  would  show  the  former 
allowance  to  have  been  improper. 

A  mandamus  mil  not  Ue  to  a  board  of  supervisors  to  control  them  in  the  exercise  of  their 
discretion  as  to  the  amount  at  which  an  account  presented  shall  be  audited. — People  v.  Sit- 
pervisors,  1  Hill,  332. 

Where  a  clear  legal  duty  rests  upon  the  board  of  supervisors,  being  a  matter  in  which  they 
have  no  discretion,  mandamus  will  Ue,  and  is  the  proper  remedy  to  compel  them  to  perform 
that  duty. — Boyce  v.  Supervisors  of  Cayuga,  20  Barb.,  294. 

Boards  of  supervisors  can  not  bind  their  counties  by  an  act  not  within  the  limits  of  the  ex- 
press powers  conferred  upon  them  by  statute.  They  cannot  allow  a  clUms  on  any  notions  of 
their  own  as  to  its  equity. —  Chemung  Canal  Bank  v.  Supervisors  of  Chemung,  5  Denio,  517. 

(2)  The  act  to  provide  for  township  organization  does  not  give  the  board  of  supervisors  au- 
thority to  appropriate  the  county  funds  in  aid  of  the  construction  of  toll  bridges,  or  to  aid  a 
private  individual  in  the  construction  of  a  free  bridge.  And  a  bill  to  enjoin  them  for  so  mis- 
applying the  funds  of  the  county  is  a  proper  remedy,  and  will  be  sustained. —  Coltonet  al.  v. 
Hanchett  et  al.,  13  Ills.,  615. 

(3)  The  manner  provided  for  changing  boundaries  of  towns  and  creating  new  towns,  vrill 
be  found  ante  p.  17 — Article  third,  See.  1. 

(4)  The  manner  provided  for  relocating  or  vacating  state  roads,  will  be  found  in  Articu 

SBVENTBBNTH,   SeC.  58,  pOSt,  p.  89 


GENERAL  PROVISIONS.  [dI7.  1. 


To  perform  other      8th.  To  perform  all  other  duties,  not  inconsistent  with  this  act, 

""'■'''*  which  may  be  required  of  or  enjoined  on  them  bj  any  laws  of 

this  state,  or  which  are  enjoined  upon  county  courts,  when  holding 
terms  for  the  transaction  of  county  business  in  those  counties  not 
adopting  township  organization.* 

Quorum.  §  7.     A  majority  of  the  supenasors  of  any  county  shall  consti- 

tute a  quorum  for  the  transaction  of  business ;  and  all  questions 
which  shall  arise  at  meetings  shall  be  determined  by  the  votes  of 
the  majority  of  the  supervisors  present,  except  in  such  cases  as  is 
otherwise  provided. 

t)p«n  doors.  §  8.     The  board  of  supervisors  shall  sit  with  open  doors,  and 

all  persons  may  attend  their  meetings. 

Chairman  to  ad-      §  9.     Evcrv  chairman  of  the  board  of  supervisors   shall  have 

uumster  oaths.  ,         i     •    •   ,  ,i     .  • 

power  to  administer  an  oath  to  any  person  concerning  any  matters 
submitted  to  the  board  or  connected  with  their  powers  and  duties. 

cierk  of  the  §  10.     The  clcrk  of  the   county  court  shall  be  clerk  of  the 

board  of  supervisors,  whose  general  duties  shall  be : 

p.ccord  proceed-       1st.  To  record  in  a  book,  to  be  provided  for  that  purpose,  all 

'^  '  the  proceedings  of  the  board. 

Enter  decLsious of     2nd.  To  make  regular  entries  of  all  the  resolutions  or  decisions 

""'      '^  ■  on  all  questions  concerning  the  raising  or  payment  of  moneys  or 

for  the  regulating  of  affairs  under  their  control. 

liecord  vote.  3d.  To  record  the  vote  of  the  supervisors  on  any  question  sub- 

mitted to  the  board,  if  reqnired  by  any  member  of  the  board. 

¥i\e  accounts.  4th.  To  file  and  preserve  all  accounts  acted  upon   by  the  board. 

cioxk'sfees.  '  §  11.  The  clerk  shall  receive  a  reasonable  compensation  for 
his  services,  to  be  fixed  by  the  board,  and  to  be  paid  by  the 
county. 

giiaii  hold  bocks.  §  12.  The  books,  rccords  and  accounts  of  the  board  of  super- 
visors shall  be  deposited  with  the  clerk,  and  shall  be  open,  without 
reward,  to  the  examination  of  all  persons. 

Accounts  how  in-     §  13.     It  shall  be  the  duty  of  the  clerk  to  designate  upon  every 

**^^  ■  account  upon  which  any  sum  shall  be  audited  and  allowed  by  the 

board  the  charges  for  which  the  same  was  allowed,  and  he  shall 

Certified  copies,  ^^ijygj.  ^q  ^ny  person  who  may  demand  it  a  certified  copy  of  any 
account  on  file  in  his  office  on  receiving  from  such  person  five 
cents  for  every  one  hundred  words  contained  in  said  copy. 

Building  of  court      §  14.     It  shall  be  the  duty  of  the  several  boards  of  supervisors, 

houses  and  jails,  ^^g  ^ftg^  ^3  it  shall  be  neccssary,  to  build  court  houses  and  jails,  or 
cause  the  same  to  be  repaired,  in  their  respective  counties,  at  the 
expense  of  such  counties. 

Charge  of  poor.  §  15.  It  shall  be  the  duty  of  the  board  of  supervisors  to  take 
charge  of  the  poor  and  the  management  of  the  poor  house  in  their 


)&A. 


(1)  AVhere  the  supervisors  of  a  county  have  neglected  to  perform  any  duty  required  of  them 
at  their  annual  meeting,  they  may  be  compelled  by  mandamus  to  meet  again  and  perform  it. 
They  can  not  by  thoir  neglect  nullify  a  statute  imposing  duties  i.pon  them. 

This  was  a  ca,se  where  the  board  of  supervisora  of  Chenango  county,  in  the  state  of  New 
York,  at  their  annual  meeting  in  1851,  neglected  to  issue  warrants  for  the  military  commuta- 
tion, which  it  was  their  duty  to  do  by  law  at  that  meeting  The  Supreme  court  i.«.«ued  a 
mandamus  requiring  them  to  meet  and  issue  the  warrants.  Held,  that  the  mandamus  was 
properly  issued. — People  v.  Supervisors  of  Chenango,  4  Seld.,  317. 

Note.  For  further  powers  and  duties  of  the  board  of  supervisors,  see  "  Miscellakeocs 
Provisions'"  under  head  of  "  Counties  and  County  Cojimissioner's  Courts,"  ^os<,  p.  212. 


ART.  15.]  COUNTY   TREASURER. 


biD 


respective  counties.  And  the  overseers  of  the  poor  of  the  several 
towns  shall  be  accountable  to  and  their  compensation  and  accounts 
shall  be  audited  by  the  board  of  supervisors  and  paid  by  the  county. 

§  16.     Whenever  the  board  of  supervisors  shall  create  a  new  Creation  of  new 
town  or  change  the  name  of  an  existing  town   or  incorporated  vil-  of^wmr  '^'^""^'^ 
lage,  the  clerk  shall  transmit  to  the  auditor  of  public  accounts  a  iSGl. 
statement  of  such    action  on  the  part  of  the  board ;  and  if  it  shall 
appear  that  there  is  already  a  town  or  incorporated  village  in  the 
state  of  the  same  name  as  that  designated  by  the  supervisors  the 
auditor  shall  so  inform  the  clerk  of  said  board ;   and  the  super- 
visors  shall  designate  another  name,  not  already  applied  to  any 
other  town  or  incorporated  village  within  the  state. 

§   17.     Each    member   of  the    board   of  supervisors    shall   be  Compensation  of 
allowed  a  compensation  for  his  services  and  expenses  in  attending  ^"p®"^^"'"- 
the  meeting  of  the  board  or  for  attending  to  any  other  business,  1357 
for  the  benefit  of  the  county,  or  as   a  member  of  the   board,   not 
exceeding  two  dollars  per  day,  and  no  more. 

§  18.  The  clerk  of  the  board  of  supervisors  shall,  at  the  close  Proceeding!!  to 
of  each  annual  or  special  meeting  of  the  board,  cause  a  brief  state-  ^^gP^^^i^'-''^ 
ment  of»the  proceedings  thereof  to  be  published  in  a  newspaper 
published  in  the  county,  in  which  shall  be  set  forth  the  name  of 
every  individual  who  shall  have  had  any  account  audited  and 
allowed  by  said  board,  and  the  amount  of  said  claim,  as  allowed 
and  amount  claimed,  and  also  their  proceedings  upon  the  equaliza- 
tion of  the  assessment  roll, 

§   19      If  any   supervisor   shall  v?illfully   refuse  or   neglect  to  ^egiwt  of  duty, 
perform  any  of  the  duties  which  are  or  shall  be  required  of  him   ^^*'^^ 
by  law   as  a  member  of  the   board  of  supervisors,   he   shall,   for 
every  such  offense,  forfeit  the  sum  of  two  hundred  dollars. 

ARTICLE  FIFTEENTH. 

OF    THE    COUNTY    TREASURER. 

§  1.     Every  person  elected  or  appointed  to  the  office  of  county  Acceptance  of 
treasurer  shall,  within   ten  days  after  he  is  notified  of  his  election  °'^*^®' 
or  appointment,  file  in  the  office  of  the  county  court  clerk  a  writ- 
ten acceptance  of  the   office  of  treasurer  :  and  before  he  enters 
upon  the  duties  of  his  office  shall  give  bond  to  the  board  of  supervi-  g^^^j 
sors  of  the  county,  with  two  or  more  sufficient  sureties,  to  be  ap- 
proved by  the  boai'd  of  supervisors,  and  in  such  sum  as  they  shall  Comiitioa. 
direct,  conditioned  that  such  person  shall  faithfully  execute  the  duties 
of  his  office,  and  shall  pay,  according  to  law,  all  moneys  which  shall 
come  to  his  hands  as  treasurer,  and  render  a  just  and  true  account 
thereof  to  the  board  of  supervisors  or  to  the  auditor  of  public 
accounts  of  this  state,  when  thereupon  required.' 

^Fonn  of  written  acceptance  of  County  Treasurer  to  be  filed  in  the  Comity 

Clerk's  office. 

To  James  C.  Biddlecoinbe  Esq.,  clerk  of  the  county  court  of  Lake  county, 
in  the  state  of  Illinois: 


GENERAL   PROVISIONS. 


[div.  1. 


aaa  recorU. 


ShaUnotdis-  §  2.     The  bond  required  by  the   preceding  section  shall  not, 

pcnse  with  bond  howcver,  dispense  with  the  necessity  of  the  bond  from  such  treas- 
M  coun }  CO  urgj.,  as  county  collector  of  taxes,  as  now  provided  by  law,  and 
^^^-  nothing  in  this  act  shall  be  construed  as  having  that  eifect ;  but 

the  county  treasurer  shall  be  required  to  execute  bond,  as  county 
collector,  the  same  and  in  the  same  manner  as  is  now  by  law  pro- 
vided, 
Approrai  of  bond  §  3.  Such  bond,  wheu  approved  by  the  board  of  supervisors, 
shall  be  entered  upon  the  records  and  filed  in  the  office  of  the 
county  clerk.  Said  clerk  shall  forward  a  certified  copy  thereof 
to  the  auditor  of  public  accounts,  who  shall  file  the  same  in  his 
office ;  and  such  copy  shall  have  the  same  force  and  effect  as  the 
original  bond.  County  treasurers'  bonds  shall  be  a  lien  against 
their  real  estate. 

§  4.  It  shall  be  the  duty  of  the  county  treasurer  to  receive  all 
moneys  belonging  to  the  county,  from  whatever  source  they  may 
be  derived,  and  all  moneys  belonging  to  the  state,  which,  by  law, 
are  directed  to  be  paid  to  him,  and  to  pay  and  apply  such  moneys 
in  the  manner  required  by  law,^ 


Receiving  and 

disbursing 

moneys. 


Sir  : — Having  been  elected  (or  appohded)  on  the  —  day  of ,  A.  D. 

18 — ,  to  the  office  of  county  treasurer  of  said  county,  I  hereby  notify  you 
that  I  accept  of  that  office. 

Dated  at  Waukegan,  in  said  county,  this  —  day  of ,  A.  D.  18 — . 

John  H.  Cotes, 

Form  of  County  Treasiirer'' s  Bond. 

Know  all  men  by  thkse  Presents,  That  we,  John  H.  Cotes,  as  principal, 
and  Lyman  Sprague  and  Atigufihts  B.  Cotes  as  sureties  of  the  county  of 
Bake,  in  the  state  of  Illinois,  are  held  and  firmly  bound  unto  the  supervisors 
of  the  said  county  of  Lake,  in  the  sum  of  {in  a  smn  directed  by  the  supervi^ 
sors)  for  the  payment  of  which  well  and  truly  to  be  made,  we  bind  ourselves, 
our  heirs,  executors  and  administrators,  and  each  of  them  firmly,  by  these 
presents.     Sealed  with  our  seals,  and  dated  this  —  day  of ,  A.  D.  18 — . 

The  condition  of  this  obligation  is  such.  That  whereas,  the  above  bounden 
John  H.  Cotes  has  been  elected  {or  appointed)  county  treasurer  of  the  said 
county  of  Lake,  and  has  accepted  of  the  office.  Now  therefore,  if  the  said 
John  H.  Cotes  shall  faithfully  execute  the  duties  of  his  said  otlfice,  and  shall 
pay  according  to  law,  all  moneys  which  shall  come  to  his  hands  as  such 
treasurer,  and  render  a  just  and  true  account  thereof  to  the  board  of  super- 
visors, or  to  the  auditor  of  public  accounts  of  this  state,  when  thereupon 
required,  then  this  obligation  to  be  void  and  of  no  eifect,  otherwise  to 
remain  in  full  force  and  efiect. 

John  H.  Cotes,  [seal.] 

Lyman  Sprague,  [seal.] 

Augustus  B.  Cotes,  [seal.] 

Note. — See  act  regulating  the  collection  of  the  revenue  in  counties  adopting  the  township 
organization  law  approved  Ffbriuinj  12tli,  1858,  post 

A  county  court,  or  board  of  supervisors,  can  remove  a  county  treasurer  only  for  caviscs 
specified  in  the  statute;  they  have  no  general  powers  of  removal. —  Clark y.  Tlie  People,  15 
lUs..  213. 

(1)  County  orders  paid  by  the  treasurer  have  lost  their  vitality  and  can  not  again  hecomo 
valid  securities  in  the  hands  of  an  innocent  holder.  But  where  without  any  fraudulent  in- 
tents the  holder  of  large  county  orders  exchanged  them  with  the  treasurer  for  smaller  oecs 
which  he  had  paid  but  which  have  never  been  allowed  in  his  accounts,  the  debt  repreRcnted 
by  the  large  orders  is  not  extinguished.  AVhere,  however,  the  holder  of  county  orders  lends 
them  to  the  treasurer  and  thereby  enables  him  to  use  them  as  his  vouchers  on  a  settlement. 


ABT.    15.]  COUNTY  TREASURER.  57 

§  5.     The  county  treasurer  shall  keep  a  just  and  true  account  Keep  account  of 
of  the  receipts  and  expenditures  of  all  moneys,  in  a  book  or  books,  '^°"*J'^- 
to  be  kept  for  that  purpose ;  which  books  shall  be  provided  at  the 
expense  of  the  county. 

§  6.     The  county  treasurer  shall  have  the  same  power  to  col-  Power  to  collect 
lect  the  taxes  charged  against  the  delinquent  or  nonresident  lands  ihic^^^or  iJu- 
or  town  lots,  and  to  make  sale  thereof  for  the  same,  as  is  now  or  resideuts. 
may  hereafter  be  vested  in  the  sheriff  or  collector,  under  the  gen- 
eral laws  of  this  state,  and  shall  account  for  and  pay  over  the  state 
ta,x,  in  like  manner  and  at  the  same  time  that  county  collectors  are 
required  to  pay  over  said  tax.     Said  treasurer  shall  be  entitled  to  „ 
like  fees  for  delinquent  real  estate  and  for  traveling  to  the  seat  of 
government  as  county  collectors  are  entitled  to  under  the  revenue 
laws.     The  county  treasurer  shall,  within  twenty  days  after  hav-  Return  of  as- 
ing  completed  the  collection   of    the  delinquent  tax,  deposit  the  sessment  rou. 
assessment  rolls  or  tax  books  returned  by  the  town  collectors  in  the 
office  of  the  county  clerk. 

§  7.     At  the  annual  meeting  of  the  board  of  supervisors,  or  at  Exhibiting  boots 
such  other  times  as  they  shall  direct,  the  county  treasurer  shall  ^'^'^  **"'°'^'>*8- 
exhibit  to  them  all  his  books  and  accounts,  and  all  vouchers  rela- 
ting to  the  same,  to  be  credited  and  allowed.' 

§  8.  Upon  the  death,  resignation  or  removal  from  office  of  any  Books  deiiyemi 
county  treasurer,  all  the  books  and  papers  belonging  to  his  office  ^t^^."^*^*^'^"'  °" 
shall  be  delivered  to  his  successor  in  office,  upon  his  oath,  or,  in 
case  of  his  death,  upon  the  oath  of  his  executors  or  administrators. 
In  case  such  treasurer  has  left  the  county  a  demand  may  be  made 
of  any  one  having  charge  of  the  books  or  papers  belonging  to  said 
office,  who  shall  surrender  them  up,  and  on  oath,  if  required. 

§  9.     If  any  such  preceding  county  treasurer,  or,  in  case  of  his  Penalty  for  neg- 
death,  if  his  executors  or  administrators  shall  refuse  or  neglect  to  booiJ!  "^  "^ 
deliver  such  books,  papers  and  moneys,  upon  oath,  when  lawfully 
required  or  demanded,  every  such  person  shall  forfeit,  for  the  use 
of  the  county,  the  sum  of  one  thousand  dollars. 

§  10.     The  county  collectors,  or  treasurers  in  counties  adopting  Fees  on  settle- 
township  organization,  shall  hereafter  be  allowed,  in  their  settle-  "*'°nrother""*' 
ment  with  the  auditor,  for  receiving  the  state  tax  from  the   town  duties, 
collectors,  and  paying  the  same   into  the  state  treasury,  adjusting  i^''* 
the  accounts  of  said    town   collectors,   and   correcting  delinquent, 
lists,  a  commission  of  two  per  cent.,  when  the  amount  received 
does  not  exceed  ten  thousand  dollars,  and  one  per  cent,  on  all  sum3 
received  from  town    collectors    over   that   amount,  and   shall   be 
allowed  one  per  cent,  for  receiving  the  county  and  town  tax,  and 

and  is  afterwards  repaid  in  other  orders  which  have  been  paid  by  the  treasurer  subsequent 
to  the  settlement  he  is  estopped  from  denying  the  payment  of  the  orders  lent,  and  can  not 
recover  upon  those  returned  to  him. —  Chejnung  Canal  Bank  v.  Board  of  Supervisors  of 
Chemung  Co.,  5  Denio  517. 

■  A  county  is  not  bound  to  pay  interest  on  county  orders. — Madison  Co.  y.  Bartlett,  1 
Scam.,  67. 

County  commissioners  or  boards  of  supervisors  making  settlements  with  collectors  of  the 
revenue,  act  as  agents  of  the  stiite,  and  do  not  adjudicate  as  a  court.  Their  orders  entered 
Upon  their  records,  are  memoranda  only,  and  only  prima  facie  evidence  of  the  correctness 
of  the  result  st  ited.  Misfcikes  made  in  such  settlement  may  be  inquired  into  and  corrected. 
'~Was/iingto7i  County  \   Par/i^r  eJ  a^,  5  Qilm.,  232. 


1861. 


68  GENERAL   PROVISIONS.  [dIV.    1. 

one  per  cent,  for  paying  out  the  same :  provided,  that  he  shall  not 
be  allowed  any  commission  for  paying  over  to  a  successor. 
I'miure  to  pay  §  1 1.     Whenever  any  county  treasurer  shall  fail  or  refuse  to  pay 

over  revenue.      oyer  the  county  revenue  the  board  of  supervisors  shall  cause  suit 
Suit  on  bond.      ^^  ^^  prosccuted  on  his  bond  ;  and  the  auditor  shall  have  the  same 
power  to  prosecute  suit  against  the  county  treasurers,  on  the  copy 
of  their  bonds,  as  is  allowed  by  law  for  prosecuting  suits  against 
county  collectors. 
Money  recovered,      §  12,     All  moncys  recovered  in  any  such  action  shall  be  paid 
t^\.  '^I'P"'!'"*'    or  appropriated  for  the  uses  contemplated  or  dii-ected  by  law. 

ARTICLE  SIXTEENTH. 

MISCELLANEOUS    PROVISIONS    CONCERNING   THE   ASSESSMENT 
OF    PROPERTY    AND     COLLECTION    OF    TAXES.* 

Where  persons         §  1.     Evcry  person  shall  be  assessed  in  the  town  or  district 
sJtJi  be  assessed,  ^j^ere  he  resides  for  all  the  lands  then  owned  by  him  within  such 

town  or  district, 
jr  whose  name         §  ^*     I^^nd  owned  by  a  person   residing  in  a  town  or  district 
Und  assessed,      where  the  same  is  situated,  but  occupied  by  another  person,  may 
be  assessed  in  the  name  of  the  owner  or  occupant,  at  the  election 
of  the  assessor. 
Tc-^onai  estate,        §  3.     Every  persou   shall  be  assessed  m  the  town  or  district 
v.iuToas.seBsed.    where  he  resides  when  the  assessment  is  made  for   all  personal 
estate  owned  by  him,  including  all  such  personal  estate  in  his  pos- 
session  or  under  his  control,  as  trustee,   guardian,   executor   or 
administrator ;  and  in  no  case  shall  property  held  under  either  of 
these  trusts  be  assessed  against  any  other  person. 
Property  of  cor-        §  4.     The  real  estate  of  all   incorporated  companies,  liable  to 
as'^'ed^'  ^^^*'*  taxation,  shall  be  assessed  in  the  town  or  district  in  which  the  same 
shall  lie,  in  the  same  manner  as  the  real  estate  of  individuals.     All 
the  capital  stock  of  every  incorporated   company,  liable  to  taxa- 
tion, shall  be  assessed  in  the  town  or  district  where  the  principal 
office  of  said  company  is  located  or  business  transacted.     In  the 
case  of  toll-bridges,  the   company  owning  such   bi'idge   shall   be 
assessed  in  th3  town  or  district  in  which  the  tolls  are  collected.     In 
the  case  of  a  stage  company,  the  horses  and  stages  shall  be  taxed 
Provieion  as  to     in  the   towu  or  district  where  they  are  usually  kept :   provided, 
r.ii  roa   .  ^y^^^  nothing  in  this  section  or  act  contained  shall  in  any  way  affect 

1^1-  the  manner  of  assessing  the  taxable  property  belonging  to  any 

•  railroad  company  or  companies,  as  now  provided  or  prescribed  by 

the  assessment  or  revenue  laws  of  this  state. 
County  clerks  to       §  5.     It  shall  be  the  duty  of  the  clerk  of  the  county  court,  in 
^^^g^°°^ '"'^  each  and  every  county  where  they  have  organized  into  townships, 
to  procure  or  prepare,  in   conformity  with  the  instructions  with 

(l)In  revising  the  act  to  provide  for  township  organization,  it  was  the  intention  of  the  legisla- 
ture to  re-enact  so  much  of  the  law  concerning  the  assessment  of  property  and  collection  of 
taxes  embraced  in  the  former  act  of  1851  and  acts  amendatory  thereof  as  remained  in  force, 
and  to  make  no  further  or  other  changes  than  seemed  to  be  demanded.  It  is  believed  that 
no  very  material  changes  have  been  made. 


ART.  16.]  ASSESSMENT   OF   PROPERTY.  59 

which  he  may,  from  time  to  time,  be  furnished  by  the  auditor  of 
pubUc  accounts,  blanks  or  books  properly  ruled  and  with  suitable 
headings,  for  the  use  of  the  assessors  of  the  several  towns  or  dis- 
tricts in  his  county  ;  a  suitable  number  of  which  shall  always  be 
ready  for  the  assessors  throughout  the  county.     And  each  assessor      .  v 
shall  call  for  the  same,  on  or  before  the  first  day  of  May  in  each 
and  every  year.     The  expense  of  procuring  the  same   shall  be  Expense  of  books. 
audited  by  the  board  of  supervisors,  and  paid  out  of  the  county 
treasury.     He  shall,  also,  furnish   each  assessor  with  a  list  of  all  Ust  of  lands, 
taxable  lands  within  their  respective  towns  or  districts  as  have  not 
been  heretofore  furnished. 

§  6.     On   the  Saturday  succeeding  the  first  Tuesday  of  April,  usts  of  lands 
A.  D.  1861,  and   every  year   thereafter,  the,  clerk  of  the  county  ^"''■i^''^'=^\^-'. 
court   shall  have,  ready  to  be  delivered   to   the   assessors  of  each  nuuiiy  for  luises- 
town,  a  book,  properly  ruled  and  headed,  containing  a   list  of  the  ^^^' 
real  estate,  in  numerical  order,  with  such  blank  columns  as  may  be  isei. 
necessary,  for  the  use  of  the  assessors. 

§  7.     The  clerk,  in  making  out  said  list,  shall  take  as  his  guide  Clerks' guide  in 
the  assesssment  list  or  collector's  book  of  the  previous  year  and  the  ^i^°^  ^^' 
list  of  subsequent  conveyances :  provided^  that  the   lists  of  lands  I'loviso. 
reported  in  the  annual  abstract   shall  be  furnished  to  the  assessors 
of  the  several  towns  in  which  said  lands  described  in  said  abstract 
may  be   situated,  within  five  days  from   and  after  such  abstract  is 
received  from  the  auditor's  office ;  and,  at  the  same  time,  the  clerk 
shall  also  cause  to  be  delivered  to  the  assessors  aforesaid,  a  book, 
properly  ruled  and  headed,  for  the  abstract  of  the  assessment  of  per- 
sonal property. 

§  8.     Between  the  first  day  of  April  and  July  in  each  year,  the  Duty  of  assessors 
assessors  shall,  after  being  furnished  with  the  necessary  blanks,  pro-  ^s^rproperu-^ 
ceed  to  ascertain,  by  diligent  inquiry,  the  names  of  all  the  taxable 
inhabitants  in  their  respective  towns  or  districts,  and  also  the  taxa- 1861. 
ble  property,  real  or  personal,  within  the  same,  a,nd   shall  proceed 
to  take  a  list  of  taxable   property  in  his  town  and  assess  the  value 
thereof,  in  the  manner  and  as  now  provided  by  law. 

§  9.     They  shall  set  down,  in  separate    columns,  as  headed  for  set  down  eacli 
each  article  of  taxable  property,  according  to  their  best  information  ''■'"'''^le. 
and  judgment  in  accordance  with  the  revenue  laws  of  this  state. 

§  10.     When  a  person  is  assessed  as  trustee,  guardian,  executor  Trustees,  guard- 
or  administrator,  he  shall  be  assessed  as  such  with  the  addition  of  "^'^^'  '^^' 
his  name  to  his  representative  character. 

§  11.      Every  assessor  shall  complete  the  assessment  rolls  on  or  Time  of  comply 
before  the  first  Monday  in  July,  as  now  provided  by  law,  and  shall  ^■^o°of^^e-"^"'<^°« 
forthwith  cause  notices  thereof  to  be   posted  up  in  three  or  more  ^'o^'^*  °f- 
of  the  most  public  places  in  the  town,  ward  or  district. 

§   12.     Such  notices  shall  set  forth  the  time  and  place  where  he  contents  of  no- 
will  meet  with  the  town  clerk  and  supervisor  of  the  town,  to  cor-  *^°*^- 
rect  the  roll ;  which  time  of  meeting  shall  not  be  less  than  ten  „,.       ,      « 

T  p  I       .  ,  ^  iime  01  mppnTipr. 

days  Irora  completing  the  assessments,  nor  more  than  fifteen  days 
from  the  time  of  such  completion. 


60 


GENERAL  PROVISIONS. 


[DIV.  1. 


Review  of  assess- 
meats. 


Reduction  of  er- 
roneous assess- 
ments. 


Forms  to  be  used. 


Jkjualization  of 
Oiisesments  by 
board  of  super- 
TiBors. 


Manner  of  equaJ- 
i/ation. 


1S61. 


Unfeir  assess- 
ment, liow 
amended  or  set 
Sidide. 


ISoi. 


New  assessment 
may  be  ordered. 


§  13.  The  assessor,  town  clerk,  and  supervisor,  shall  attend  at 
the  time  and  place  specified  in  the  notice,  and,  on  the  application 
of  any  person  conceiving  himself  aggrieved,  they  shall  review  the 
assessment ;  and  when  the  person  so  objecting  thereto  shall  make 
an  affidavit  that  the  value  of  his  personal  estate  does  not  exceed  a 
cei'tain  sum  specified  in  such  affidavit,  the  assessor  shall  reduce  the 
assessment  to  the  sum  specified  in  such  affidavit ;  and  if  he  or  any 
other  one  objects  to  the  valuation  put  upon  any  of  their  real  estate, 
the  board  shall  hear  the  objections,  and  may  reduce  the  same,  if  a 
majority  of  the  board  think  it  advisable ;  and  in  such  case  the 
assessor  shall  correct  his  list.^ 

§  14.  The  assessors,  in  the  execution  of  their  duties,  shall  use 
the  forms  and  preserve  the  instructions  which  shall,  from  time  to 
time,  be  transmitted  to  them  by  the  auditor  of  public  accounts,  or 
furnished  them  by  the  county  clerks. 

§  15.  The  boiird  of  supervisors  of  each  county  in  this  state, 
at  their  annual  meeting,  shall  examine  the  assessment  rolls  of  the 
several  towns  in  their  county,  for  the  purpose  of  ascertaining 
Avhether  the  valuations  in  one  town  or  district  bear  just  relation  to 
aU  the  towns  and  districts  in  the  county ;  and  they  may  increase 
or  diminish  the  aggregate  valuation  of  real  estate,  in  any  town  or 
district,  by  adding  or  deducting  such  sum  upon  the  hundred  as  may, 
in  their  opinion,  be  necessary,  to  produce  a  just  relation  between 
all  the  valuations  of  real  estate  in  the  county  ;  but  they  shall,  in 
no  instance,  reduce  the  aggregate  valuation  of  all  the  towns  and 
districts  below  the  aggregate  valuation  thereof  as  made  by  the 
assessor.  They  may  make  such  alterations  in  the  descriptions  of 
the  lands  of  non-residents  as  they  shall  deem  necessary  ;  and  they 
shall  assess  the  value  of  all  such  lands  as  have  been  omitted  by 
the  assessor  and  listed  by  the  clerk,  and  cause  the  same  to  be 
placed  opposite  the  description  of  said  lands,  in  a  column  pre- 
pared for  that  purpose ;  and  for  such  service  the  clerk  shall  be 
allowed  one  cent  for  each  tract  or  description  so  equalized. 

§  1 6.  Said  board  of  supervisors  shall  have  power,  and  it  is 
hereby  made  their  duty,  in  case  the  assessment  roll  of  any  town 
or  towns  shall,  by  affidavit,  or  otherwise,  be  made  to  appear  to  the 
satisfaction  of  said  board  or  a  majority  of  them  to  have  been 
unlawfully,  partially,  or  improperly  made,  and  that  such  assess- 
ment is  grossly  wrong  and  partial,  to  amend  such  assessment,  or 
declare  the  same  null  and  void  ;  and  said  board  shall  have  power 
to  appoint  some  suitable  person  or  persons,  who  shall  be  residents 
of  such  towns,  to  proceed  to  make  a  new  assessment  of  property 
therein,  and  make  return  thereof  to  the  board  of  supervisors,  on  or 
before  a  day  to  be  fixed  and  specified  by  said  board. 

(1. )Thisprovision, requiring  theassessor,  townclerk  and  superrisor  to  attend  at  the  time  and 
place  specified  in  the  notice,  for  the  purpose  of  reviewing  the  assessment,  is  imperative  ;  and 
without  such  meeting  no  tax  payer  can  be  bound  by  the  assessment.  When  one  party 
proved  that  the  to\vn  clerk  w.is  not  present  at  such  meeting,  held  to  throw  on  the  other  pr.r- 
ty  the  burden  of  proving  that  the  other  two  complied  with  the  law,  if  it  is  conceded  tont 
two  had  power  to  act.  The  owner  of  the  land,  on  trial  of  a  tax  title,  has  the  right  to  raiiw 
objections  of  this  character. — Hough  v.  Hastings,  18  Ills.,  312. 


rcction  of  assess- 
uieut. 


ART,  16.]  ASSESSMENT  OP   PROPERTY.  61 

§  17.     In  case  the  collector  of  any  town  shall  have  been  or  Proceedings  in 
mviy   hereafter  be   estopped,  by  injunction  or  the  decision  of  any  1^^°^  mjuno- 
court,  from  the  collection   of  the  taxes,  in  consequence   of  the 
assessment  of  the  property  in  said  town  being  wrongfully  or  ille- 
gally assessed,  it  shall  be  the  duty  of  the  board  of  supervisors  of 
the  county  in  which  any  such  town  is  located  to  hold  a  meeting,  as  1854. 
soon  after  they  shall  have  notice  of  such  injunction  being  granted 
or  decision  rendered  as  practicable,  and  they  shall  inquire  into  the 
facts  of  the  case  ;  and  if  a  majority  of  the  board  are  of  the  opinion 
that  any  such  assessment  was  wrongfully  or  illegally  made,  they 
are  hereby  authorized  and  empowered,  and  it  shall  be  their  duty 
to  appoint  one  or  more  persons,  residents  of  said  town  to  reassess  Reassessments. 
the  property  therein. 

§  18.     The  person  or  persons  so  appointed,  shall  make  and  sub-  Review  ana  cor- 
scribe  the  oath  and  be  governed  in  all  things  pertaining  to  said 
assessment  in  like  manner  as  town  assessors,  and  shall  proceed,  I86i. 
without  delay,  to  make   such  reassessment.     Such  person  or  per- 
sons shall  attend  at  the  office  of  the  town  clerk  of  said  town,  for 
the  purpose  of  reviewing  the  lists  or  rolls  of  said  assessment.    And  |^^^"  °^  p™" 
said  assessment  roll  or  lists  shall  be  examined  and  corrected,  in  like 
manner  and  by  the  same  officers  that  would  be  authorized  to  review 
and  correct  it  if  it  had  been  a  regular  assessment,  except  that  the 
person  or  persons  making   the  assessment  shall  act,  instead  of  the 
regular  assessor  :  provided,  that  the  person  or  persons  making  such  Proviso 
assessment  shall  first  give  at  least  ten  days'  notice  of  the  time  and 
place   of  reviewing  the   assessment ;  which  notice   shall  be  once 
published  in  some  newspaper  published  in  said  county,  if  there  be  Notice  of  review 
any  paper  published  therein ;  and  said  notice  shall  be  posted  up  i^g  assessment. 
in  three  or  more  of  the  most  public  places  in  such  town. 

§  19.     The  person  or  persons  making  the  assessment  aforesaid,  Returns  to  coun- 
shaU  make  return  thereof  to  the  county  clerk,  in  manner  and  form  j^^''^'^'^' 
as  is  or  may  be  prescribed  by  law  for  making  returns  of  assess- 
ment, and  be  allowed  such  reasonable  compensation  therefor  as  Compensation  of 
the  board  of  supervisors   shall  determine  and  allow  ;  which  com-  p'-'^^^'^  assessing. 
pensation  shall  be  paid  in  like  manner  as  the  compensation  of  town 
assessors  is  paid.     Upon  the  return  of  the  assessment  I'olls,  afore- 
said, the  county  clerk  shall  cause  the  proper  list  of  the  property  j^^^g  f^^  t^,^ 
assessed,  with  the  taxes  extended  thereon,  to  be  made,  for  tlie  use  coUector. 
of  the  town  collector.      Said  lists  shall  be  made  out  and  delivered 
to  the  collector  authorized  to  collect  the  taxes  due  thereon,  as  soon 
after  the  assessment   rolls  or  lists  are   received  by  the  clerk  as 
practicable. 

§  20.     The  board  of  supervisors  shall  have  power,  and  they  Appointment  o# 
are  hereby  fully  authorized,  to  appoint  some  suitable  person  to  igsl!^  °^' 
collect  the  taxes  due  on  the  lists  made  out,  as  aforesaid,  if  in  their 
opinion  it  is  expedient  to  do  so.     And  the  person  so  appointed 
shall  execute  a  bond  and  qualify,  in  like  manner,  and  shall  receive  Bond. 
like  compensation,  and  shall  be  subject  to  like  penalties,  as  town 
collectors  are  subject  to.     Any  person  appointed  and  qualified,  as 
provided  for  in  tliis  section,  shall  have  full  power  and  authority  to  Power  to  coUet-t. 


62  GENERAL  PROVISIONS.  [dIV.  1. 

collect  the  taxes  charged  in  the  tax  list ;  and  for  that  pui-pose  he 

may  levy  on  and  make  sale  of  goods  and  chattels,  and  do  all  and 

everything  necessary  to  be  done  in  the  premises,  in  like  manner  as 

town  collectors  are  authorized  to  do  by  the  general  laws  relative  to 

the  collection  of  the  revenue. 

Time  fixed  for  re-      §  21.     The  board  of  supervisors  shall  fix  the  time  at  wliich  suqfe 

*"™'  collector  shall  make  return  and  settlement  for  the  taxes  collected 

ProTiso  by  him :  provided,  that  such  time  shall  in  no  case  exceed  sixty 

^^-  days  fx'om  the  time  the  tax  list  is  delivered  to  said  collector ;  and 

the  county  collector  is  hereby  authorized  and  required  to  collect 

Non-resident       *^^  taxes  duc  on  any  assessment  made  under  the  provisions  of  this 

property  act,  on  non-rcsidcnt  property,  by  sale  or  otherwise,  in  like  manner 

as  he  is  authorized  to  do  in  cases  of  regular  assessments. 
Neglect  to  pay         §  22.     In  all  cases  where   the  collector  of  any  town  shall  not 
enaoln  time!      have  paid  ovcr  to  the  county  collector  the   state  revenue,  prior  to 
I85i.  the  time  such  county  collector  is  required  to  pay  said  revenue  into 

the  state  treasury,  the  county  collector  shall  pay  over  the  state  rev- 
enue collected  in  said  town  within  thirty  days   after  the  time  of 
settlement  with  the  town  collectors. 
Disputed  claims       §  23.     When  tAvo  or  more   persons  shall  be  claimants  of  any 
menT^remve^d"'''  ^^nds,  the  towu  collcctor  shall  be  authorized  to  receive  payment  of 
from  each.  taxes  from  each  claimant  of  such  land,  and  give  receipt  for  the 

same;  and  said  collector  shall  report  to   the  clerk  of  the  county 
court  such  double  tax,  to  be  by  him  disposed  of  as  is  now  required 
by  law — which  receipt  shall  be  evidence  in  all  courts,  where  the 
same  shall  come  in  question,  of  the  payment  of  taxes  on  the  land 
therein  described  for  the  year  or  years  therein  mentioned. 
Satisfaction  piece      §  24.     Upon  the  Settlement  of  the  amount  of  taxes  directed  to 
to  collectors        j^g  collected  by  any  collector  in  any  of  the  towns  or  cities  in  this 
state,  the  county  treasurer  shall,  if  requested,  give  to  such  collector 
or  any  of  his  sureties  a  satisfaction    piece,   in  writing,  and  shall 
acknowledge  the  same  before   some   person  authorized   to  take 
acknowledgments  of  deeds. 
Satisfection  of         §  25.     Upon  the  production  of  such  satisfaction  piece,  acknowl- 
'^°'^-  edged  as  aforesaid,  the  recorder  of  the  county  shall  enter  satisfac- 

tion of  record  of  the  collector's  bond ;  which  shall  operate,  prima 
facie,  as  a  discharge  of  the  sureties  only. 
Fees  for acknowi-      §  26.     The  officer  taking  and  returning  such  acknowledgment 
^s^s-  shall  be   entitled   to   the  same  fees  as  for  taking   and    entering 

acknowledgments  of  satisfaction  of  a  deed  or  mortgage. 

County  clerk's         §  27.     The    clerks   of   the    county  courts    shall   hereafter   be 

fees.   Serrices     allowed  the  Same  fees  for  making  transcripts  of  each  taxable  town 

os^ssments.       lot  for  the  use  of  the  assessor ;  for  copying  the  same,   and  com- 

1^^-  puting  and  extending   the   taxes  thereon ;  for  making  record  of 

each  town  lot  for  judgment ;  for  making  transcript  of  judgment  -; 

for  sale,  and  for  assisting  the  collector  in  selling  the  same,  as  are 

now  allowed  by  law  for  like  services  on  each  tract  of  land.     The 

County  tax  to  be  board  of  Supervisors  of  each  county  shall  have  power  to  levy,  for 

county  purposes,  a  tax  of  not  exceeding  five  mills  on  each  dollar's 


ART.  17.]  ROADS,    HIGHWAYS  AND   BRIDGES.  63 

Avorth  of  taxable  property,  instead  of  not  exceeding  four  mills,  as 
now  provided  by  law. 

y    §  28.     Nothing  in  this  article  shall  be  construed  as  affecting  the  ?„„!.  uws  not  re- 
provisions  of  any  law  now  in  force   concerning  the  assessment  of  P''*'<'.'1  ""'ess  ia 
property  and  collection  of  taxes,  when   the  same  is  not  in  conflict  l^^^^ 
with  the  provisions  herein ;  but  where  the  same  shall  be  in  conflict 
with  any  of  the  provisions  of  this  act,  in  that  case  the  provisions 
herein  shall  govern. 

ARTICLE  SEVENTEENTH. 

OF   ROADS,    HIGHWAYS    AND    BRIDGES.'* 

§  1.     The  commissioners  of  highways,  in  the  several  towns  in  powers  of  coro. 
this  state,  shall  have   the  care  and  superintendence  of  highways  r'.''^^'°"':"  '^* 
and  bridges  therein,  and  it  shall  be  their  duty  :* 

(1)  It  has  been  well  observed  that  nothing  tends  to  mark  more  distinctl}'  the  progress  of 
Rociety,  in  any  country,  than  the  construction  and  improvement  of  public  roads.  It  is  a 
subject  which  has  claimed  the  attention  of  all  prosperous  and  well  regulated  communities  in 
all  ages  of  the  world.  In  England,  every  parish  is  bound  of  common  right  to  keep  the  higli 
•oads  that  pass  through  them  in  good  and  sufficient  repair;  unless  by  reason  of  the  tenure 
of  lands,  Or  otherwise,  this  care  is  consigned  to  some  particular  private  person.  From  this 
burthen  no  man  was  exempt  by  the  ancient  laws  of  that  country,  whatever  other  immunitie.4 
he  might  enjoy  ;  this  being  a  part  of  the  trinoda  necessitas  to  which  every  man's  estate  was 
subject.  For  the  most  part  the  care  of  roads,  only,  seems  to  be  left  to  parishes,  that  ui" 
bridges  devolving  mostly  upon  counties  at  large ;  by  Stat.  "22.  Htn.  VIII,  c/iap.  5,  if  the  parish 
neglected  those  repairs  they  might,  formerly,  as  now,  be  indicted  for  such  neglect ;  hut  it  was 
not  then  incumbent  on  any  particular  officer  to  call  the  parish  together  and  set  them  upon 
this  work;  for  which  reason  by  the  stat.  2  and  3  Ph.  and  ill,  chap.  8.,  surveyors  of  highway  .^ 
were  ordered  to  be  chosen  in  every  p;irish.  SeclBlac/c.  Co?n.,  3o8.  Like  officers  in  the  Uni- 
ted Sfcites  are  desiguated  by  different  appellations,  as  surveyors,  commissioners,  overseei-s, 
supervisors,  &c. 

Ttiis  office,  says  Mr.  Dalton,  (Just.,  chap.  50,)  exactly  answers  to  that  of  the  curatore.t 
viarum  of  the  Uomans ;  but  it  should  seem  that  theirs  was  an  office  of  rather  more  dignity 
and  authority  than  that  of  surveyor  of  highways  in  Kngland,  not  only  from  comparing  tlie 
method  of  making  and  mending  the  Roman  ways  with  those  of  the  English  paiishe.s,  but  also 
because  one  Thermus,a  distinguished  citizen  who  was  the  curator  of  theFlaminian  way,  was 
caudidat«  for  the  consulship  with  Julius  Csesar. 

In  the  New  England  states,  likewise,  the  care  and  superintendence  of  roads  has  been 
accepted  by  some  of  the  most  eminent  men.  Gov.  Briggs,  of  Massachusetts,  not  many  years 
since,  held  the  office  of  chairman  of  commissioners  of  highways  of  Berkshire  county,  in  thut 
state — yet  in  the  state  of  Illinois  such  offices  are  considered  so  burdensome  that  a  fine  has  to 
be  imposed  by  statute  upon  such  as  refuse  to  accept  when  chosen  or  appointed  to  them.  Tlie 
state  of  Illinois  certainly  furnishes  superior  facihtieS  for  excellent  roads ;  and  it  would  seeiu 
that  ample  provisions  have  been  made  by  this  act,  for  their  construction  and  improvement. 
Efficient  officers  and  a  proper  understantling  of  duty,  is  all  that  is  required  to  insure  the  end 
designed. 

Under  our  system,  the  construction  of  roads  and  bridges  is,  for  the  most  part  accom- 
plished through  our  township  organization ;  the  counties  contributing  towards  the  construc- 
tion of  bridges,  in  cases  where  the  expense  would  be  too  onerous  to  be  wholly  borne  by  th« 
towns  in  which  they  are  situated.  The  statute  in  express  terms  gives  to  commissioners  of 
highways  when  elected  the  care  and  superintendence  of  the  highways  and  bridges  of  the 
town,  and  confers  upon  them  all  powers  requisite  for  the  execution  of  their  trust.  They  are 
in  no  way  responsible  to  the  town,  but  are  themselves  a  species  of  (juasi  corporation,  with 
power  to  sue  and  be  sued,  having  legal  succession  and  deriving  their  authority  not  through 
the  town,  but  directly  from  the  statute.  The  towns  have  no  power  to  give  the  slightest  direc- 
tii>u  or  instruction  to  these  officei-s  as  to  the  performance  of  their  duties. —  Commissioners  of 
Niks  V.  Martin,  i  Mick.  R..  5.5". 

(2)  Oommissioners  of  highways  can  not  by  virtue  of  their  office  bring  suits  to  recover  dam- 
ages against  iadividuals  or  corporations  for  illegally  entering  upon  and  taking  possession  of 
the  public  highways  or  bridges  of  their  town.  Neither  have  the  electors  of  a  town,  at  town 
meeting,  power  by  resolution  or  otherwise,  to  authorize  such  commissioners  to  bring  an  ac- 
tion in  their  own  names  or  in  their  name  of  office,  for  such  injuries.  Such  a  resolution,  if 
passed  at  town  meeting,  would  not  bind  the  town. —  Corndt  v.  Guilford,  1  Den  ,  510. 

In  the  case  cited,  the  electors  of  a  town  at  town  meeting  directed  the  commissioners  of 
highways  to  prosecute  a  turnpike  company  for  entering  upon  and  taking  possession  of  a  pub- 
lic highway  and  bridge  in  that  town,  and  the  commissioners  .iccordingly  brought  a  suit  for 
the  cause  of  action  in  their  names  as  commissioners,  and  had  judgment  against  them.  HeUL, 
♦See  Drainage  Law,  Appendix,  p.  872. 


64  GENERAL  PROVISIONS.  [dIV.  1. 

Repairing  of  Ist.  To  give  directions  for  the  repairing  of  roads  and  bridges  in 

toiaa  and  their  respective  towns,  and  to  cause  the  building  of  bridges,  when  j 

igQi^'  the  public  interests  ornecessity  require  it.'  y! 

Kstabiish  and  ai-      2nd.  To    lay  out   and    establish  roads,   to   regulate  the   roads 
te- roads.  already  laid  out,  and  to  alter  or  vacate   such  roads  as  they,  or  a 

majority  of  them,  shall  deem  proper,  as  hereinafter  provided.*  \ 

Describe  roads         3rd.  To  cause  such  roads,  used  as  highways,  as  have  been  laid   ' 
ahvady  laid  out.  ^^^^  ^^^^  ^^^^  sufficiently  described,  and  such  as  have  been  used  for 

twenty  years,  but  not   recorded,  to  be  ascertained,  described,  and 

entered  of  record  in  the  town  clerk's  office.^ 


tliat  they  could  not  sustain  an  action  against  the  town  to  be  reimbursed  their  costs  and  ex- 
penses, or  the  costs  recovered  against  them  in  that  suit. 

The  electors  of  a  town  can  not  bind  the  town,  except  in  manner  prescribed  by  law. — lb. 
See  ante,  p.  13,  Note  1. 

A  bond  taken  in  tlie  names  of  the  commissioners  of  highways  of  a  town  in  vu-tue  of  offlcf, 
for  the  benefit  of  the  town  in  its  corporate  capacity,  and  intended  to  relieve  the  taxable  in- 
habitants of  the  town  from  the  payment  of  a  tax  for  a  public  improvement,  viz.,  the  exten- 
sion and  opening  of  a  public  highway,  can  not  be  enforced  against  the  obligors  ;  the  commiH- 
eioners  having  no  authority  to  take  a  bond  of  that  nature  and  the  general  policy  of  the  law 
forbidding  such  a  transaction.  So  held,  notwithstanding  the  improvement  was  intended  to 
be  a  village  improvement,  local  in  its  character,  from  which  the  inhabitants  of  the  to-\vn  at 
large  would  derive  little  or  no  advantage,  and  the  obligorsasresidentsof  the  village,  or  owning 
property  there,  were,  for  the  sake  of  the  benefit  to  the  village,  wiling  to  assume  the  cost  of 
the  improvement  and  indemnify  the  town. —  Webb  and  others  v.  Albertson  and  others^  4 
Barb.,  51. 

(1)  Chancellor  Kent,  in  speaking  of  the  duty  of  commissioners  of  highways,  in  keeping 
roads  in  repair,  says :  Tliis  seems  to  be  a  general  duty,  applicable  at  aU  tunes,  and  in  all 
places;  yet  when  we  come  to  read  the  details  of  their  duty,  we  perceive  it  does  not  exist  ab- 
Bolutely,  but  arises  only  when  the  commissioners  have  money  in  hand  from  forfeitures  and 
penalties,  or  which  have  been  paid  over  to  them  under  the  direction  of  the  supervisors. — 17 
Johns.,  4u2.  The  powers  of  the  commissioners  of  highways  are  co-extensive  with  the  territory 
included  in  the  public  way  and  they  may  work  and  improve  every  part  and  parcel  of  it,  at 
pleasure,  being  only  responsible  for  a  wanton  or  malicious  injury  to  the  rights  of  the  adjacent 
owners.  In  villages  or  other  thickly  settled  portions,  where  their  powers  are  not  superceded 
by  acts  of  incorporation,  or  otherwise  abridged,  they  may  make  reasonable  and  suitable  pro- 
visions for  w;dks  or  passways  for  foot  pa.ssengers,  at  the  sides  of  the  streets  or  highways. — 
Graves  ^  White  v.  Otis  and  others,  2  Hill,  466. 

(2)  A  town  can  not  by  vote,  authorize  or  compel  the  commissioners  of  highways  to  lay  out, 
alter  or  discontinue  a  particular  town  ^ray  or  public  road ;  their  duty  being  expressly  pointed 
out  by  law,  and  they  can  only  act  in  obedience  to  its  provisions. — Keen  v.  Stetson,  5  Pick., 
492.     For  duty  of  commissioners  in  this  respect,  see.  post,  section  51. 

(3)  Under  this  provision  of  the  law  it  will  be  the  duty  of  the  commissioners,  without  re- 
quest or  petition,  to  proceed  at  once  to  re-survey  all  such  roads  as  they  shall  deem  not  suffi- 
ciently described,  as  well  as  such  as  have  been  used  for  twenty  years,  but  not  recorded,  that 
the  same  may  become  a  matter  of  to^vn  record,  and  their  precise  location  be  the  more  easily 
determined,  which  may  avoid  any  disputes  between  parties  interested  that  might  otherwise 
arise.  The  former  will  doubtless  include  most  of  the  roads  which  have  been  laid  out  and  es- 
tablished by  virtue  of  county  authority ;  and,  indeed,  it  has  been  the  policy  of  very  many 
towns  to  cau.se  all  such  roads  indiscriminately  to  be  resurvejed  for  the  convenience  of  a  perfect 
record  in  the  immediate  neighborhood,  but  theh-  authority  to  do  this  where  roads  are  silieady 
sufficiently  described,  may  well  be  questioned.  Twenty  years  uninterrupted  user  of  a  wajis 
j)ri.ma facie  evidence  of  a  prescriptive  right. — 1  Saand.,  323  alQEa^t  476 — 2  Wills, 5Si Br.  ^ 
Hing,  403.  Coivp.,  215 

Hence  all  such  roads  as  have  been  used  and  traveled  by  the  public  for  twenty  years  without 
interruption,  become  public  highways  by  prescription,  which  in  law  is  defined  to  be  the  man- 
lier of  acquiring  property  or  any  particular  right,  by  a  long,  honest  and  uninterrupted  po»- 
Bcssion  or  use  during  tlie  time  i-equu-ed  by  law. — Boitv.  L.  Diet.,  title  ^^Prescription." 

The  public  may  acquire  the  right  to  the  use  of  land  as  a  highway,  by  dedication,  by  upe  in 
the  nature  of  prescription,  or  by  condemnation ;  and  the  uninterrupted  use  of  land  for  ;i 
highway  for  tlie  period  of  twenty  years,  is  sufficient  to  establish  the  existence  of  a  highway. 
The  fact  of  dedication,  upon  a  conflict  of  testimony,  in  case  of  contest,  is  left  to  the  jury,  and 
their  finding  will  not  usually  be  disturbed.—  i)oji (V/s  v.  the  People,  21  Bis.,  439. 

The  public,  however,  have  not  the  right  to  use  and  occupy  the  soil  of  an  individual  adjoin- 
ing navigable  waters,  as  a  public  landing  and  placeof  deposit  of  property  in  its  transit,  against 
the  will  of  the  owner,  although  such  user  has  been  continued  for  more  tlian  twenty  years. 
The  user  can  not  be  urged  by  the  public  either  as  th(!  foundation  of  a  legal  presumption  of  a 
grant,  and  thus  justify  a  claim  bv  prescription,  or  as  evidence  of  dedication  of  the  premisei* 
to  pubhc  nse.—Pearsall  v.  Po.'^t,  20  Wend.,  111.  S.  C.  on  Error,  22  Wend.,425. 

The  act  authorizing  commissioners  of  highways  to  ascertain,  describe  and  enter  of  record, 
TOads  used  as  public  highways  for  twenty  years,  confers  no  authority  upon  them  to  adjudge 
what  was  originally  intended  in  relation  to  the  width  or  location  of  the  road,  any  furtlior 
than  such  inteation  is  manitestcd  by  actmil  user,  ami  they  cau  not  increase  the  widrh  of  the 


ART.  17.]  ROADS,   HIGHWAYS   AND    BRIDGES.  65 

4th.  To  cause  the  highways  and  bridges,  which  are  or  may  be  HighwayB  over 
erected  over  streams  intersecting  highways,  to  be  kept  in  repair.'    ^''^'^ams. 

5th.  To  divide  their  respective  towns  into  so  many  road  districts  Divide  town  into 
as  they  shall  deem  convenient,  by  writing,  under  their  hands,  to  be  ^°^  (listncts. 
lodged  with  the  town  clerk,  and  by  him  to  be  entered  in  the  town 
book.     Such  division  to  be   made   annually,  if  they  shall  think  it 
necessary ;  and  in  all  cases  to  be  made  at  least  ten  days  before  the 
annual  town  meeting.' 

road  or  change  its  location.  If  the  commissioners,  in  such  cases,  encroach  upon  lands  which 
do  not  belong  to  the  highway  as  it  had  been  actually  opened  and  used,  the  owner  thereof  can 
not  take  his  remedy  by  appeal,  as  in  other  cases,  but  must  seek  it  in  some  other  form. — 24 
Wend.,  491. 

Though  the  statute  requires  public  roads  to  be  laid  out  four  rods  wide,  and  when  they  are 
laid  out  under  the  statute  they  are  deemed  to  be  that  width ;  yet  where  they  are  claimed  not 
as  being  laid  out  under  the  statute,  but  by  reason  of  a  user  for  twenty  years  or  more,  they 
may  be  less  than  four  rods  wide. — Harlan  v.  Harriston,  6  Cow. ,189. 

It  seems  that  whether  the  highway  is  by  user  only  or  by  the  statute,  it  must  be  of  the  width 
prescribed  by  law,  where  the  dedication  or  donation  is  not  expressly  or  impliedly  restricted 
by  the  owner ;  when  not  so  restricted,  it  is  not  confined  to  the  mere  track  which  is  beaten  by 
carriages  and  the  feet  of  animals,  in  passing  along,  but  includes  and  carries  with  it  the  width 
as  provided  by  statute. — Bumpers  v.  Miller,  4  Mich.  R.,  164. 

Where  commissioners  of  highways  proceed  under  this  act  to  describe  a  road  more  suffi- 
ciently which  has  been  formerly  laid  out  but  not  sufficiently  described,  they  evidently  haye 
no  authority  to  change  the  width  of  the  road — they  can  only  determine  the  location  of  the 
roa4  in  question. — Bumpers  t.  Miller,  4  Mich.  R.,  161. 

form  of  order  of  Commissioners  of  Highways  for  ascertaining  a  road  imper- 
fectly described  or  not  recorded. 
Lake  County,   ) 
Town  of  Avo7i,  )      ' 

Whereas,  a  road  leading  from  Hainesville,  northward  to  the  Fox  River 
road,  in  said  town  of  Avon,  and  now  used  as  a  highway,  was  laid  out  by  the    " 

commissioners  of  highways  of  said  town,  on  the  —  day  of ,  A.  D.  18 — , 

{or,  by  authority  of  the  County  or  County  Commissioners'  Court,  as  the  case 
may  be,)  but  which  is  not  sufficiently  described  of  record,  [or,  has  been  used 
for  twenty  years  for  such  highway,  but  has  never  been  recorded.) 

Now,  therefore,  we  the  undersigned  commissioners  of  highways  for  the 
said  town  of  Avon,  do  order  that  said  road  be  ascertained,  described  and  en- 
tered of  record  in  the  clerk's  office  of  said  town,  according  to  a  survey  which 
has  been  made  under  our  direction,  as  follows :  {here  insert  the  survey.) 
And  we  do  further  order  that  the  line  of  said  survey  be  the  center  of  said 
road  and  that  the  same  be  of  the  width  of  —  rods. 

Given  under  our  hands  this  —  day  of ,  A.  D.  18 — . 

Nahum  White,       1  Commissioners 
Orville  Slussek,  >-  of 


Wm.  H.  Hall,        )     Highways. 

(1)  It  seems  thatwhere  a  bridge  is  built  by  an  individual  over  a  natural  stream,  for  hisown 
benefit,  if  the  bridge  be  of  public  utility  and  is  used  by  the  public,  they  are  bound  to  keep 
it  in  repair ;  but  not  so  when  the  necessity  for  the  bridge  is  created  by  the  individual. — 
Dygert  ^.  Schenck,  23  Wend.,  446. 

Commissioners  of  highways  are  not  bound  to  build  or  repair  bridges  when  not  in  funds  to 
defray  the  expenses.^7  Wend.,  474. 

An  indictment  against  commissioners  of  highways  is  defective  unless  it  aver  that  the  de- 
fendants had  funds  or  other  means  to  defray  the  expenses.— 2  Hill,  619. 

At  common  law,  the  counties  and  not  towns  were  liable  to  build  and  repair  the  necessary 
bridges  and  the  remedy  for  neglect  was  by  indictment.— 17  Johns.,  452. 

^Form  of  Order  dividing  Town  into  Road  Districts. 
Kendall  County,    ) 
Town  of  Oswer/o,  )      ' 

We,  the  commissioners  of  highways  for  the  said  town  of  Oswego,  do  hereby 

order  that  said  town  be  divided  into road  districts,  as  follows : — Road 

district  number  one  shall  embrace  all  of  the  highways  contained  within  the 
following  territorv,  (or  boundaries,  giving  the  description  by  sections,  or  out- 

5 


loQ  GENERAL   PROVISIONS.  [dIV.  1, 

To  assign  road         6th.  To  assign  to  each  of  the  said  road  districts  such  of  the 
inhabitants  hable  to  work  on  highways  as  they  shall  think  proper, 
having  regard  to  proximity  of  residence,  as  much  as  shall  be  ;  and, 
Working  of  high-      7th.  To  require  the  overseers  of  highways,  from  time  to  time, 
ways.  jjj^(-|  j^g  often  ^as  they  shall  deem  necessary,  to  wara   all   persons  to 

seers  to warnper-  work  on  highways  to   come  and  work   thereon,  with  such  imple- 
sons  to  work.       ments,  carriages,  sleds,  cattle,  or  teams,  as  the  said  commissioners, 

or  any  of  them,  direct.' 
Oommissioners  to  §  2.  At  the  first  meeting  of  the  commissioners  of  highways, 
chw.se  treasurer,  ^fter  they  shall  have  been  duly  elected  and  qualified,  they  shall 
proceed  to  choose  one  of  their  number  treasurer.  The  treasurer 
so  chosen  shall  receive  and  have  charge  of  all  moneys  raised  in 
the  town  for  the  support  and  maintenance  of  roads  and  bridges. 
He  shall  hold  such  moneys,  at  all  times,  subject  to  the  order  of  the 
commissioners  of  highways,  and  shall  pay  them  over  upon  their 
order,  or  a  majority  of  said  commissioners,  and  not  otherwise.  He 
Shall  giTe  bond,  shall  execute  bond,  with  good  and  sufiicient  security,  in  such 
manner  as  the  supervisor  and  town  clerk  shall  determine,  condi- 
tioned for  the  faithful  discharge  of  his  duties  as  such  treasurer, 
and  that  he  will  honestly  and  faithfully  account  for  and  pay  over, 
upon  the  order  of  the  commissioners  of  highways,  all  moneys  that 
shall  come  to  his  hands  by  virtue  of  his  said  office — which  bond 
shall  be  payable  to  the  supervisor  of  the  town  and  his  successor  in 
office,  and  be  approved  by  the  supervisor  and  town  clerk,  and  filed 
in  the  town  clerk's  office.* 

ward  boundaries,  as  may  be  thought  proper,)  aud  all  the  inhabitants  hable  to 
work  on  the  highways  residing  therein,  shall  be  and  are  hereby  assigned  to 
work  on  the  highways  in  said  district  number  one.  District  number  two  shall, 
&c.,  {continue  as  aforesaid,  until  the  whole  town  is  divided.) 

Given  under  our  hands  this  —  day  of A.  D.  18 — . 

Alfred  Edson,      ^  Commissioners 
E.  DouD,  [■  of 

0.  H.  Sherwood,  )        Highways. 

(1)  There  has  been  some  confusion  in  the  laws  in  reference  to  the  jurisdiction  of  roads  iu 
counties  adopting  township  organization ;  by  the  terms  of  this  act  it  is  conferred  upon  the 
commissioners  of  highways,  but  by  a  subsequent  Act  of  the  Legislature,  entitled  "  An  Act  to 
amend  chapter  93  of  the  Revised  Statutes,  and  to  locate  certain  roads,"  approved  February 
17th,  1851,  and  which  went  into  eefect  April  17th,  1861,  ( See  Seis.  Laics  1851,  p.  179,  §  19,) 
it  is  provided  "  That  the  county  courts  of  the  several  counties  of  this  state,  shall  have  the  su- 
pervision and  control  of  all  roads  and  public  highways  within  their  respective  countie.i, 
whether  such  county  be  organized  under  or  by  virtne  of  the  "township  organization  law"'  or 
otherwise,  and  shall  be  governed  by  the  several  laws  of  tliis  state  relating  to  roads  and  public 
highways  previous  and  at  the  time  of  such  organization,  and  all  laws  and  parts  of  laws  coming 
within  the  purview  of  this  act,  or  inconsistent  therewith,  be  and  the  same  are  hereby 
repealed." 

This  law  continued  in  force  until  the  session  of  1853,  when  the  following  act  was  pas.=ed : 

'  An  Act  to  amend  an  Act  entitled  'an  Act  to  amend  chapter  ninety-tliree  of  the  "Kevised 

Statutes  and  to  locate  certain  Roads. 

Section  1.     Be  it  enarted  by  the  People  of  the  State  of  Illinois,  represented  in   the   General 

Assembly,  That  so  much  of  the  nineteenth  section  of  the  above  recited  Act  a.s  gives  to  the 

county  court  supervision  and  control  of  all  roads  and  public  highways  in  counties  which  have 

adopted  township  organization,  be,  and  the  aame  is  hereby  repealed. 

,  §  2.  This  Act  shall  be  in  force  from  and  after  its  passage.    Approved  February  12th,  1853." 

Thus  it  would  seem  that  from  April  17,  1851,  to  February  12,  1863,  the  county  court,  even 
in  counties  adopting  township  organization,  had  the  supervision  and  control  of  all  roads  and 
public  highways  within  their  respective  counties. 

2  Form  of  Bond  of  Treasurer  of  Commissioner  of  Highways. 

Know  all  men  by  these  presents,  That  we,  Thmnas  Jialsion,  as  princl- 


ART.  17.]  HIGHWAYS— COMMISSIONERS.  G7 

§  3.     The  commissioners  of  highways,  of  each  town,  shall  render  Rppnrt  of  com- 
to  the  board  of  town  auditors,  at  their  annual  meeting  for  auditing  higji'^ayfto*^ 
the  accounts  of  town  officers,  an  account,  in  writing,  stating :  town  auditors. 

1st.     The  labor  assessed  and  performed  in  such  towns. 

2d.  Tlie  sums  received  by  such  commissioners  for  fines  and 
commutations,  and  aU  other  moneys  received  under  this  act. 

3d.  A  statement  of  the  improvements  necessary  to  be  made 
on  such  roads  and  bridges,  and  an  estimate  of  the  probable  expense 
of  making  such  improvement,  beyond  what  the  labor  to  be  assessed 
in  that  year  and  the  road  tax  will  accomplish. 

4th.  Also,  a  statement,  in  writing,  of  all  expenses  and  damages, 
in  consequence  of  laying  out,  altering  or  discontinuing  roads. 

5  th.     Also,  a  statement  of  the  amount  received  from  the  col-i8Ci. 
lector  of  the  town,  or  from  any  other  source,  up  to  the  time  of  such 
statement,  and  the  manne**  in  which  the  same,  if  any  sum,  has  1857. 
been  paid  out  and  expended,  to  whom,  and  on  what  account.' 

pal  and  Robert  Ralston  and  Charles  Hasken^  as  sureties,  are  firmly  held  and 
bound  to  Wilber  D.  Armstrong,  supervisor  of  the  town  of  Harlem,  in  the 
county  of  Winnebago,  and  to  his  successors  in  office,  in  the  penal  sum  of 
dollars,  which  payment  to  be  well  and  truly  made,  we  do  bind  our- 
selves, our  heirs,  executors  or  administrators,  jointly  and  severally,  by  these 
presents. 

The  condition  of  this  obligation  is  such,  that  whereas,  the  above  bounden 

Tlionias  Ralston,  was  on  the  —  day  of ,  18 — ,  duly  chosen  treasurer  of 

the  board  of  commissioners  of  highways  of  the  said  town  of  Harlem,  and  is 
about  to  enter  upon  the  performance  of  the  duties  of  said  office.  Now, 
therefore,  if  the  said  Thomas  Ralston,  as  such  treasurer,  shall  honestly  and 
faithfully  account  for,  and  pay  over  upon  the  order  of  the  commissioners  of 
highways  of  said  town,  all  moneys  that  shall  come  into  his  hands  by  virtue 
of  his  said  office,  then  this  obligation  shall  be  void,  otherwise  to  be  in  full 
force. 

Witness  our  hands  and  seals,  this  —  day  of ,  A.  D.  18 — . 

ToHMAS  Ralstox,     [seal.] 
Robert  Ralston,     [seal.  | 

CUAELES  HaSKEN,       [sEAL.] 

^JF'orDi  of  Account  of  Commissioners  of  Highways  to  be  rendered  to  Town 

Auditors. 
To  the  Board  of  Town  Auditors  of  the  town  of  Antiock  in  the  county  of 

Lake,  and  state  of  Illinois: 

The  annual  account  of  the  commissioners  of  highways  of  Antioch,  for  the 
year  ending  the  —  day  of ,  A.  D.  18 — ,  showeth  as  follows,  to  wit: 

1st.     The  labor  assessed  in  said  town  during  the  year  ending  on  the  — 

day  of ,  A.  D.  18 — ,  is  days,  and  the  amount  of  said  labor 

actually  performed  is days,  as  appears  by  the  returns  made  to  us  by 

the  several  overseers  of  highways  in  said  town. 

2d.     We  have  received  for  fines  and  commutations,  and  from  other  sources, 

under  the  statutes  relative  to  highways,  the  sum  of dollars,  as  follows, 

to  wit: 

1856.   I  ^  I 

July  6.    From  Ira  R.  Webb,  as  balance  of  money  received  by  him 

as  overseer,  $  7.87 

Oc-t.  9.  I  From  t/o/t7i  jSm<A,  penalty  for  refusing  to  serve  as  overseer,!     10.00 

3d.  The  improvements  necessary  to  be  made  on  the  roads  and  bridges  in 
said  town  are  as  follows:  {Here  state  xohat  iynprovements  are  necessary.)  We 
estimate  the  probable  expense  of  making  such  improvements,  beyond  what 


68  GENERAL  PROVISIONS.  [dIV.  1. 

«uide-board.  §  4.     It  shall  be  the  duty  of  the  commissioners  of  highways  of 

eacli  town  to  cause  suitable  guide-boards  to  be  jjut  up  at  such 
places  as  they  may  deem  necessary. 
Scraper  and  §  5.     The  Commissioners  of   highways,  whenever   they   shall 

plows.  think  it  necessary,  may  direct  and  empower  any  overseer  of  high- 

ways, in  their  respective  towns,  to  procure  a  good  and  sufficient 
iron  or  steel-shod  scraper  and  plow,  or  either  of  them,  for  the  uses 
of  his  road  district,  to  be  paid  for  by  moneys  arising  from  commu- 
tation and  fine  within  the  district. 
Meetings  of  §  6.     The  commissioners  of  highways  of  each  town  shall  meet, 

eommissioners.     -within  eighteen  days  after  they  shall  be  chosen,  at  the  town  clerk's 
office,  on  such  day  as  they  shall  agi-ee  upon,  and  afterwards  at  such 
other  times  and  places  as  they  shall  think  proper. 
Asse&anent  of  §  ^*     The  town  clcrk  shall  deliver  the  lists  filed  by  the  over- 

highway  labor,    seers  to  the  commissioners  of  highways  of  the  town,   who  shall 
proceed  to  ascertain,  estimate  and  assess  the  highway  labor  and 
road  tax  to  be  performed  and  paid  in  their  town  the  next  ensuing 
year. 
Asseasmertof  §  8.     Ist.  Every  male  inhabitant,  being  above  the  age  of  twen- 

pou  tax.  ty-one  years  and  under  the  age  of  fifty,  (excepting  paupers,  idiots, 

lunatics,  and  such  others  as  are  exempt  by  law,)  shall  be  assessed 
1861.  not  less  than  one  nor  more  than  two  days  in  each  and  eveiy  year. 

Road  tax  on  real       2nd.     The   Commissioners  of  highways   shall  assess  a  road  tax 
1861  '  on  all  real  estate  and  personal  property  Uable  to  taxation  of  the 

town,  to  any  amount  they  may  deem  necessary,  not  exceeding 

the  labor  to  be  assessed  this  year,  and  the  road  -will  accomplish,  at 

dollars. 

4th.     The  expenses  and  damages  in  consequence  of  laying  out,  altering 
and  discontinuing  roads  during  the  year  ending  as  aforesaid,  amount  to  the 

sum  of dollars,  as  follows : 

Total  expenses  in  laying  out  road  leading  from  {liere describe  the  road,)  $  Y.OO 
Damages  allowed  on  same,  40.00 

Total  expenses  in  altering  and  discontinuing  part  of  road  from  (liere 

describe  the  road,)  8.00 

Damages  allowed  on  same,  50.00 

5tb.     We  have  received  of  the  collector  of  the  town,  up  to  the  time  of 

rendering  this  account,  the  sum  of  eighty-four  dollars,  ($84.00,)  and  have 

paid  out  the  same  as  follows : 

Paid  to  A.  B.,  C.  D.,  and  E.  F.,  for  three  days'  labor,  each,  at  $1.00 

per  day,  in  repairing  highways  at  {state  location,)  $9.00 

'  Paid  to  John  Carpenter,  in  full  on  his  contract  for  building  bridge 

at  {state  location  of  bridge,).  75.00 

$84.00 

{If  any  balance  remain,  say :)  Leaving  in  our  hands  a  balance  of , 

on  account  of  money  received  from  the  collector. 

Given  under  our  hands  this day  of ,  A.  D.  18 — . 

H.  R.  Farrman,  ^  Commissioners 

*       Christopher  P.  Webb,  >•  of 

Gardner  M.  Hastings,  )      Highways. 

A  town  has  no  authority,  however,  to  raise  money  to  aid  in  the  construction  of  a  road 
which  by  law  is  to  bi  made  at  the  expense  of  the  county;  and  con.sequently  a  tax  laid  by 
the  town  for  the  purpose  of  collecting  the  money  is  illegal  and  void.  So  held  in  Massachu- 
setts.— Pearson  v.  Gaslien,  17  Pick.,  396. 


ART.  17.]  HIGHWAYS — COMMISSIONERS.  69 

forty    cents  on  each  one  hundred  dollars'  worth,  as  valued  on  the  1867. 
assessment  roll  of  the  previous  year. 

3d.     They  shall  affix  to  the  name  of  each  person  named  in  the  Number  of  aayo 
lists,  so  furnished  by  the  overseers,  the  number  of  days  assessed  to  ^^^^  ^^^"^  ^'' 
each  person  for   highway   labor,   personal  property,   and   also  a  1861. 
description  of  each  tract  of  land,  and  the  name  of  the  owner,  if  Description  and 
known,  with  the  valuation  thereof,  as  taken  from  the  assessment  '^^"'^  °^  ^'"^• 
roll  of  the  previous  year,  and  the  amount  of  road  tax  assessed 
thereon,  in  a  separate  column.     The  lists  so  prepared  shall  be  sub- 
scribed by  the  commissioners  and  deposited  with  the  town  clerk,  , 
to  be  filed  in  his  office.' 

^Form  of  Order  of  Cmranissioners  assessing  highway  labor  and  road  tax. 
Lake  County,  ) 

Town  of   Waukegan,  J 

At  a  meeting  of  the  commissioners  of  highways  of  said  town  of  Waukegan 

&t  the  town  clerk's   office,  in  said  town,   on    the  —  day  of  ,  A.  D. 

18 — ,  the  said  commissioners  having  proceeded  to  ascertain,  estimate,  and 
assess  the  highway  and  road  tax  to  be  performed  and  paid  in  said  town  the 
ensuing  year,  do  estimate  and  assess  two  days'  highway  hibor  to  each  and 
every  male  inhabitant  in  said  town,  liable  to  be  assessed  for  highway  labor, 
to  be  performed  in  said  town  the  ensuing  year;  and  we  do  assess  a  road  tax 
of  twenty  cents  on  each  one  hundred  doHars  worth  of  real  estate  and  personal 
property,  liable  to  taxation  of  said  town,  as  valued  on  the  assessment  roll 
of  the  past  year,  to  be  paid  in  said  town  the  ensuing  year. 

Witness  our  hands  this  —  day  of  ,  A.  D.  18 — . 

Norman  Phillips,  )  Commissioners 
Wm.  G.  Newman,    >  of 

James  Wiseman,     )     Highways. 

Form,  of  List  of  Assessment  of  highway  labor. 

Lake  County,  ) 

Town  of  Fremont,  J 

We,  the  commissioners  of  highways  of  the  said  town  of  Fremont,  having 
proceeded  to  ascertain,  estimate  and  assess  the  highway  labor  and  road  tax 
to  be  performed  and  paid  in  said  town  the  ensuing  year,  have  made  out  the 
estimate  and  assessment  for  road  district  number  one,  in  said  town,  to  wit: 

The  inhabitants  of  said  town,  assigned  to  said  road  district,  are  assessed 
for  highway  labor  as  follows,  viz. : 

NAMES.  I  NO.  OF    DATS. 


Hurlburt  Swan, 
Isaac  H.  Smith, 


Given  under  our  hands  this  —  day  of ,  A.  D.  18 — . 

Robert  Lyon,  ^  Commissionei'S 

Robert  E.  Swan,    |-  of 

Thomas  H.  Payne,  )      Highways. 

The  town  clerk  will  make  a  copy  of  the  foregoing  list. 

Robert  Lyon,  ^  Commissioners 

HoBERT  E.  Swan,     >  of 

Thomas  H.  Payne,  )     Highways. 

Form  of  List  of  Assessment  of  road  tax, 
Lake  County,  ) 

Town  of  Fremont,  \     ' 

We,  the  commissioners  of  highways  of  the  said  town  of  Fremo7it,  having 


70  GENERAL  PROVISIONS.  [dIV.  1 

Gierk  make  §  9.'    The  Commissioners  shall  direct  the  clerk  of  the  town  to 

im^ °^ ^'       make  a  copy  of  each  list,  and  shall  subscribe   such  copies ;  after 
Copies  deUvered  which  they  shaU  cause  the  several  copies  to  be  delivered  to  the 
to  overseers.        respective  overseers  of  highways  of  the  several  districts  in  which 
the  highway  labor  is  assessed;  one  copy  for  each  overseer  shall 
•contain  the  name  and  number  of  days  assessed  to  each  person,  the 
other  the  real  and  personal  property  road  tax. 
Subseauentaddi-      §10'     The  names  of  persons  left  out  of  any  such  list,  and  of  new 
«ons  to  the  lists,  inhabitants,  shall  from  time  to  time,  be  added  to  the  several  lists, 
,    and  they  shall  be  rated  by  the  overseers  in  the  same  proportion  to 
work  on  the  highways  as  others  rated  by  the  commissioner.3  on 
such  Hst,  subject  to  an  appeal  to  the  commissioners. 
Credit  to  persons"      §  H'  It  shall  be  the  duty  of  Commissioners  of  highways  of  each 
iiving  on  private  town  to  Credit  sucli  persons  as  live  on  private  roads  and  work  the 
same  so  much,  on  account  of  their  assessment,  as  such  commission- 
ers shall  deem  necessary  to  work  such  private  road,  or  to  annex 
such  private  road  to  some  of  the  highway  districts. 
Posting  of  notices      §   12.     The  town  clerk  shall,  within  ten  days  after  the  commis- 
^tor  amount  of  gjoj^ei's  of  highways  have  filed  in  his  office  the  amount  of  road  tax 

voad  tax  is  filed.  t  i  i  i 

1861.  assessed  on  the  real  and  personal  estate  of  the  towns,  post  a  notice 

on  the  outer  door  of  the  house  where  the  town  meeting  was  last 
held,  stating  the  amount  of  road  tax  assessed  on  each  one  hundred 
dollars'  worth  of  the  real  and  personal  estate  of  the  town,  and  that 
all  persons  interested  can  pay  the  same  in  labor  on  the  highways, 
under  the  direction  of  the  overseer  of  highways,  in  the  district 
where  the  land  or  personal  property  is  situated.' 

proceeded  to  ascertain,  estimate,  and  assess  the  highway  labor  and  road  tax 
to  be  performed  and  paid  in  said  town  the  ensuing  year,  have  made  out  the 
estimate  and  assessment  of  the  lands  situated  in  road  district  number  one, 
with  the  names  of  the  owners  so  far  as  known  for  road  tax,  as  valued  on 
the  assessment  roll  of  last  year,  to  wit,  A.  D.  18 — ,  as  follows: 

NAME  I      DESCRIPTION    I      NO.      I      VALUE      I      TOTAL     1    AM'T     I  VALUE  OP  I     AM'T    ITOTAL. 

OP  OWNER.        I        OP  LiVNDS.       |  ACRES.  | PER  ACRE. |    VALUE.     |     TAX.     |pER.  PROP.|  OF  TAX.|  T.4X. 

ilurTbm1;'Swan,|NTvv7isic7il.|  160  I  $20.00~T¥3,2007ol)^■S6.40c^Tii^O:0(^^»3.20  1  *9760 
James  S.  Clark, |S.W.,1    "     "  I    160    |      20.00    |   3,200.00|    6.40c. |       800.00  |     1.60  [     S.OO 

Given  under  our  hands  this  —  day  of ,  A.  D.  1 8 — , 

Robert  Lyon,  1  Commissioners 

HoDERT  E.  Swan,    >  of 

Thomas  H.  Payne,  )      Highways. 

The  town  clerk  will  make  a  copy  of  the  foregoing  hst. 

RoDKRT  Lyon,  J  Commissioners 

HoDERT  E.  Swan,    >  of 

Tho.mas  H.  Payne,  )     Highways. 

Note. — It  seems  that  the  personal  property  road  tax  of  an  individual,  if  not  paid,  should 
be  returned  with  his  land  tax,  to  be  levied  upon  the  land,  and  collected  and  paid  over 
to  the  commissioners  the  same  as  the  land  tax.  See  po,«,  sections  43  and  46.  Where  the 
individual  has  no  land  assessed  the  rem?dy  for  the  recovery  of  his  personal  property  tax,  is, 
no  doubt,  by  an  action  in  the  name  of  the  to^vn,  to  be  prosecuted  in  the  same  manner  as 
ortUnary  actions  in  favor  of  the  town ;  and  this  is  an  appropriate  remedy  to  enforce  the  pay- 
ment of  a  tax,  without  reg.ird  to  the  remedy  given  by  distress. — See  Rynn  v.  GaUatin  Co., 
14  nis.,  83.     Glancey  v.  Elliott,  Id.,  458.     Dunlap  v.  Gallatin  Co.,  15  Id.,  9. 

'^Form  of  Notice  of  assessment  of  property  tax. 
Notice  is  hereby  given  that  the  amount  of  road  tax  assessed  on  each  one 


ART  17.]  BRIDGES.  71 

§  13.     If  the  commissioners  of  highways  shall  refuse  or  neglect  Neglect  of  duty 
to  jjcrform  any  of  the  duties  enjoined  on  them  by  this  act  they  |^y  <=on»n"8sion- 
shall  severally  forfeit,  to  the  town,  not  less  than  five  nor  more  than  Penalty, 
lifty  dollars,   and  may  be   proceeded  against,   severally,  for  the-^^^^* 
recovery  of  said  forfeiture. 

BRIDGES. 

§  14.     Wlienever  it  shall  be  necessary,  in  any  town,  to  build  a  Ta't  for  erecting 
bridge,  the  cost  of  which  shall  be  more  than  can  be  raised  by  ordi- 1854? 
nary  road  taxes,  the  commissioners  of  highways   shall  lay  before 
the   tow^n  auditors  of  such  town   a  statement  of  the  amount  of ''^'^'•''"f'*'  °f 

_  .  ,  n  1         ■  1    1  1      ,.  amount  necessa- 

money  necessary  tor  the  construction  thereof,  and  said  board  of  ry. 
auditors  shall  certify  the  same  to  the  board  of  supervisors  of  the 
county  in  wliich  such  town  is  situated.  The  amount  so  certified 
shall,  by  said  board  of  supervisoi's,  be  levied  on  the  taxable  prop- 
erty of  such  town  and  collected  by  the  collector  thereof,  in  the 
Siime  manner  as  other  taxes  arc  levied  and  collected.^ 

§  15-     The  commissioners  of  highways  of  each  town  may,  when  Fast  driving  over 

__  bridges. 

hundred  dollars'  worth  of  real  estate  of  the  town  oi  McJIenry,  in  the  county 
of  Mcllcnry^  for  the  ensuing  year,  is  twenty  centa,  and  that  all  persons  inter- 
ested can  pay  the  same  in  labor  on  the  highways,  under  the  direction  of  the 
overseers  of  highways  in  the  districts  where  the  land  is  situated. 

Alex.  H.  Nixon,  Town  Clerk. 
Dated  at  McHcnry,  May  1st,  18 — .  • 

'^Form  of  Statement  by    C&mmissioncrx  of  amount    necexsary  to  build  a 

Bridge. 

Statement  of  the   amount  of  money  ueces.sary  for  the  construction  of  a 

bridge  in  the  town  of  Wauconda,  in  the  county  of  Lake,  over  the river, 

the  building  of  which  is  deemed  necessary. 

The  total  cost  of  building  said  bridge  will  be  $1,(1(10.00 

The  amount  which  can  be  raised  by  ordinary  road  taxes  is  50(1.00 


Leaving  a  balance  necessary  for  the  construction  thereof  of  $500.00 

Dated  this  —  day  of ,  A.  D.  18—. 

Thomas  Dillon,     ]  Commissioners 
Setu  Hill,  V  of 

JoSepii  Walton,    )      Highways. 

Form  of  Certificate  of  Auditors  to  Statement  of  amount  for  building  bridge. 
To  the  board  of  supervisors  of  tlie  county  of  Lake,  state  of  Illinois. 

We,  the  board  of  town  auditors  of  the  town  of  Wa7iconda,  in  said  county, 
do  hereby  certify  :  that  it  appears  from  a  statement  made  by  the  commis- 
sioners of  highways  of  said  town  bearing  date  the  —  day  of ,  A.   D. 

IS — ,  and  laid  before  us,  that  the  cost  of  building  a  certain  bridge  necessary 

in  said  town,  over  the river,  is  more   than   can  be  raised  by  ordinary 

road  taxes,  and  that  the  further  sum  of  five  Imndred  dollars  is  necessary  for 
tlie  construction  thereof. 

In  witness  whereof,  we  have  hereunto  set  our  liands  this  —  day  of A.  D. 

18—. 

Andrew  Cook,  ^ 
Geo.  J.  Tower,  1      Town 
Justus  Bangs,    [Auditors. 
Clark  Gale, 


72 


GENERAL  PROVISIONS. 


[div.  1. 


1861. 


Notice  to  pro- 
hibit. 


Penalty. 
1861. 


Injury  to  bridge, 
1861. 


Bridges  upou 
towu  boundaries. 
1861, 


Joint  contracts 
for  building. 
1861. 


Neglect  to  per- 
Ibrti  conti-act. 


Suit  miUDtuined. 
18dl. 


they  shall  deem  it  advisable,  put  up  and  maintain,  in  conspicuous 
places,  at  each  end  of  any  bridge  in  such  town,  maintained  at  the 
public  charge,  a  notice  with  the  following  words,  in  large  charac- 
ters :  "  Five  dollars  fine  for  riding  or  driving  on  this  bridge  faster 
than  a  walk." 

§  16.  Whoever  shall  ride  or  drive,  faster  than  a  w^alk,  over 
any  bridge,  upon  which  such  notices  shall  have  been  placed  and 
shall  then  be,  shall  forfeit  to  the  town,  for  every  such  offense,  the 
sum  of  five  dollars. 

§  17.  Whoever  shall  purposely  injure  any  bridge  or  causeAvay, 
maintained  at  the  public  charge,  shall,  for  every  offense,  forfeit  to 
the  town  treble  damages. 

§  18.  Whenever  any  adjoining  town  shall  be  liable  to  make  or 
maintain  any  bridge  or  bridges  over  any  stream  dividing  such 
towns,  or  on  the  line  dividing  such  towns,  such  bridge  or  bridges 
shall  be  buUt  and  repaired  at  the  equal  expense  of  said  towns, 
without  reference  to  the  town  lines. 

§  19.  For  the  purpose  of  building  or  keeping  in  repair  such 
bridge  or  bridges,  it  shall  be  lawful  for  the  commissioners  of  high- 
ways of  said  adjoining  towns  to  enter  into  joint  contract ;  and  such 
contracts  may  be  enforced,  in  law  or  equity,  against  such  commis- 
sioners, jointly,  the  same  as  if  entered  into  by  individuals  ;  and 
said  commissioners  may  be  proceeded  against,  jointly,  for  any 
neglect  of  duty  in  reference  to  such  bridge  or  bridges.' 

§  20.  If  the  commissioners  of  highways  of  either  of  such 
towns,  after  reasonable  notice  in  writing,  from  the  commissioners 
of  highways  of  any  other  of  such  towns,  shall  neglect  or  refuse  to 
rebuild  or  repair  any  such  bridge  or  bridges,  it  shall  be  lawful  for 
the  commissioners  so  giving  notice  to  make  or  repair  the  same,  and 
then  to  maintain  a  suit,  in  their  official  capacity,  against  said  com- 

^I'brm  of  Contract  between  CommiHHionerH  of  Highways  of  adjoining  townx^ 
for  building  bridge. 

This  contract  made  and  entered  into  this  —  day  of ,  A.  D.  18 — ,  by 

and  between  A.  B.,  C.  D.  and  E.  F.,  commissioners  of  highways  of  the  town 
of  Byron,  in  the  county  of  Ogle  and  state  of  Illinois,  of  the  one  part,  and 
G.  H.,  I.  J.  and  K.  L.,  commistioners  of  highways  of  the  town  of  Marion, 
in  said  county,  being  adjoining  towns,  witnesseth,  that  said  towns  having 
become  liable  to  make  a  bridge  across  Rock  river,  a  stream  dividing  such 
towns,  said  commissioners,  in  cousiderAtion  of  the  premises  and  of  the 
agreement  hereinafter  set  forth,  to  be  kept  and  performed  by  the  respective 
parties,  do  contract  and  agree,  that  said  bridge  shall  be  built  over  said  river 

where  the  road  leading  from ,  to ,  crosses  the  same,  on  the  line  of 

the  center  of  said  road  :  that  said  bridge  shall  be  of  the  lollowing  plan  and 
materials,  to  wit :  (*S'e<  forth  brief  y  the  jdan  and  materials,  where  siuh  in 
made  part  of  the  contract.)  That  the  building  of  said  bridge  shall  be  let  by 
contract  within  o7ie  month  from  the  date  hereof,  to  the  lowest  bidder,  who 
shall  be  required  to  complete  the  same  within  three  months  from  the  date  of 
accepting  his  bid.  That  the  letting  of  said  contract,  the  prosecution  of  the 
work  and  acceptance  thereof  shall  be  under  the  joint  supervision  and  direc- 
tion of  said  parties  hereto,  and  their  successors  in  office,  and  that  the  com- 
missioners of  each  town  will  promptly  furnish  and  pay  over  the  due  propor- 
tion of  money  that  their  said  town  may  be  liable  for,  in  building  said  bridge, 
as  the  payments  shall  become  due  upon  the  contract  for  building  thereof. 


ART.  17.]  BRIDGES.  73 

missioners  so  neglecting  or  refusing  to  join  in  such  making  or 
repairing ;  and  in  such  suit  the  jDlaintilF  shall  be  entitled  to  recover 
one-half  of  the  expenses  of  such  building  or  repairmg,  with  costs 
of  suit  and  interest.* 

§  21.     Any  judgment  recovered  against  the  commissioners  of  Judgments 
highways,  in  their  official  capacity,   under  the  provisions   hereof,  g^^^'a'^"™^ 
shall  be  a  charge  on  said  town,  and  collected  in  the  same  manner  charge, 
as  other  town  charges,  except  in   cases   when   the   court,  before 
which  the  judgment  shall  be  recorded,  shall  certify  that  the  neglect 
or  refusal  of  said  commissioners  was  willful  or  malicious  ;  in  which  Exception, 
case  said  commissioners   shall  be  personally  liable  for  such  judg- 
ment, and  the  same  may  be  enforced  against  them  in  the  same 
maimer  as  against  individuals. 

§  22.     Any  jiersons  owning  lands  on  both  sides  of  any  public  Crossings  for  cat- 
highway  shall  be  entitled  to  the   privilege   of  making  a  crossing 
under  said  highway  for  the  purpose  of  letting  his  or  her  cattle  and  1861. 
other  domestic  animals    cross   said   road :  provided,  said  person  proviso, 
shall  erect  at  his  own  expense  a  good  and  substantial  bridge,  with 
secure  railing  on  each  side  thereof,  and  build  an  embankment  of 
easy  grade  on  either  side  of  said  bridge.     Said  bridge  to  be  not 
less  than  sixteen  feet  wide,  to  be  approved  by  the  commissioners, 

In  witness  whereof,  the  said  parties  have  hereunto  set  their  hands  and  ^ 

seals,  the  day  and  year  first  above  written. 

In  presence  of         )  A.  B.,      [sjsal.' 

)  CD.,         [SEA/K 

E.  F.,      [seal.' 
Obmmissioners  of  Highways  of  the  town  of  Byron. 


G. 

H., 

"seal. 

I. 

J., 

SEAL. 

K 

L., 

SEAL. 

Commissioners  of  Highways  of  the  town  of  Marion. 

Note. — Tlie  foregoing  form  can  be  vauied  or  enlarged  to  suit  the  circumstances  of  particu- 
lar cases,  or  the  desire  of  parties. 

^Form  of  Notice  to  Commissioner  a  of  Highways  of  adjol7iing   towns  to  joiii 

in  ferforming  contract   to  build  bridge. 
To  A.  B.,  C.  D.  and  E.  F.,  commissioners  of  highways  of  the  town  oi  Byron, 
county  of  Ogle : 

You  are  hereby  notified  to  fulfill  on  your  part,  the  contract  entered  into 
by  yon,  {or  by  your  board)  with  the  undersigned  commissioners  of  highways 
of  the  town  of  Marion  in  said  county,  [or  with  the  commissioners  of  high- 
way.^ of  the  town  of  Marion  in  said   county,)  the  —  day  of ,  A.   D. 

18—,  for  building  a  bridge  over  Rock  river,  at  the   point  where  the  road 

leading  from to  ,  crosses  said  river,  by  {here  set  forth  the  perform- 

ance  required  as  stipulated  in  the  contract,)  and  that  unless  you  shall  so  per- 
form on  your  part  within days  from  this  date,  the  undersigned,  said 

coinmi.ssiouers  of  highways,  will  proceed  as  empowered  by  law,  and  com- 
plete said  bridge,  and  will  claim  of  you  the  due  proportion  of  the  expense 
thereof,  chargeable  to  your  town. 

Dated  at  Marion,  this  —  day  of ,  A.  D.  18 . 

E.  F.,  )  Commissioners 
G.  H.,  \  of 

I.  J.,  )     Highways. 


74  GENEEAL   PEO VISIONS.  [DIV.  1. 

and  to  be  kept  constantly  in  good  repairs  by  the  ownei*  or  occu- 
pant of  said  land,  subject  to  tlie  dii'ection  of  said  commissioners  of 
highways. 

OVERSEERS    OF    HIGHWAYS. 

Duties  of  over-         §  23.     It  shall  bc  the  duty  of  overseers  of  highways  in  each 

seers  of.  high-       tOWn  : 

'*^*^*  1st.  To  repair  and  keep  in  order  the  highways  within  their  sev- 

eral districts  for  which  they  shall  have  been  elected.' 

2d.  To  warn  all  persons  from  whom  road  labor  is  due  to  work 
on  the  highways,  at  such  times  and  places,  within  their  several  dis- 
tricts, as  they  may  think  proper.^ 

3d.  To  collect  all  fines  and  commutation  money,  and  to  execute 
all  la^vful  orders  of  the  commissioners  of  highways. 

4th.  To  dehver  to  the  clerk  of  the  town,  withm  sixteen  days 
after  their  election  or  appointment,  a  Ust,  subscribed  by  such  over- 
seers, of  the  names  of  all  the  inhabitants  in  his  road  district,  who 
are  liable  to  work  on  the  highways.^ 
Tacanc  in  office      §  ^4.     If  any  person,  chosen  or  appointed  to  the  office  of  over- 
ot  overseer.         secr  of  highways,  shall  refuse  to  serve,  or  if  his  office  shall  become 
vacant,  the  commissioners  of  highways  of  the  town  shall,  by  war- 
rant, under  their  hands,  appoint  some  other  person  in  his  stead ; 
and  the  overseer  so  appointed  shall  have  the  same  poAvers,  be  sub- 
ject to  the  same  orders,  and  Uable  to  the  same  penalties,  as  over- 
seers chosen  at  the  town  meeting.^ 
Appointment  to        §  ^o.     The  commissioners  making  the  appointment  shall  cause 
Ui  med.  such  warrant  to  be  forthwith  filed  in  the  office  of  the  town  clerk, 

who  shall  give  notice  to  the  person  appointed,  as  in  other  cases. 

(1)  An  overseer  of  highways  is  hound  to  remove  obstructions  from  the  liighways  within  his 
district,  although  not  specially  directed  to  do  so  by  the  commissioners. — McFadden  v.  Kings- 
hitry^  11  Wend.,  667. 

(2)  Labor  assessed  for  highway  purposes  can  only  be  bestowed  upon  such  roads  or  high- 
■ways  as  are  established  by  law.  When  lands  are  dedicated  by  the  owner  to  public  use  as 
streets,  they  do  not  become  public  highways  until  accepted  as  such  by  the  public  authori- 
ties.—  Osive!;n\.  Oswego  Canal  Co.,  2  Si'Uk7i,2G3.  Townships  under  the  law  of  this  state 
could  probably  only  accept  of  such  dedication  by  the  action  of  commissioners  of  highways, 
upon  proper  petition,  as  in  other  cases  of  roads  or  highways. 

^Form  of  Overseer's  List  of  inhabitants  liable  to  work  on  the  highways. 
Stephenson  County,  ) 
Town  of  Buckeye,      ) 

I,  J.  H.  Adams,  overseer  of  highways  for  road  district  number  ,  in 

said  town  of  Biickcyc,  do  certify  that  the  following  is  a  true  and  correct  list 
of  all  the  inhabitants  in  said  road  district,  who  are  liable  to  work  on  the 
highways,  viz. :  {Here  insert  the  names.) 

Dated  this  —  day  of ,  A.  D.  18 — .  J.  H.  Adams, 

Overseer  of  Highways. 

^Forrn  of  Appointment  of  Overseers  of  Highways  in  case  of  vacancy. 
'Wi7i7iebago  County,  ) 
Town  of  Bvtler,        \  ^^■ 

Whereas,  a  vacancy  has  occurred  in  the  office  of  overseer  of  highways, 

for  road  district  No. ,  in  said  town,  by  reason  of  the  removal  {or  refusnl 

to  serve,  or  death,  as  the  case  may  be,)  of elected  to  said  office: 

^ '  lb* 


ART.  17.]  HIGHWAY   LABOR.  75 

§  26.     Every  overseer  of  highway.-;,  who  shall  refuse  or  neglect  Ntgiett  of  duty 
to  perform  any  of  the  duties  hereinbefore  enumerated  or  which 
may  be  lawfully  enjoined  on  him  by  the  commissioners  of  high- 
wavs  of  his  town,  shall  for  every  such  refusal  or  neglect,  forfeit  Penalty, 
the'  sum  of  ten  dollars,  to  be  sued  for  by  the  commissioners  of  high-  iiow  applied. 
ways  of  the  town,  and,  when  recovered,  to  be  applied  by  them  in  1861. 
making  and  improving  the  roads  and  bridges  therein.^ 

HIGHWAY  LABOR  AND  ASSESSMENT. 

§  27.     It  shall  be  the  duty  of  overseers  of  highways  to  give  at  Labor  on  iiish- 

,  1  1         ,        .•        .        11  1x11-1  ways.     Notice  to 

least  three  days  notice  to  all  persons  assessed  to  work  on  highways  peiibrm. 
and  residing  within  the  limits  of  their  respective  districts  of  the 
time  and  place  when  and  where  they  are  to  appear  for  that  pur- 
pose, and  with  what  im})lements ;  but  no  person  being  a  resident 
of  the  town,  shall  be  required  to  work  on  any  highway  other  than 
in  the  district  in  which  he  resides,  except  he  resides  in  a  district  ^VTiere  to  work. 
on  a  town  line,  which  district  belongs  to  an  opposite  town,  and  un- 
less he  shall  elect  to  work  in  some  district  where  he  has  any  land-; 
and  in  such  case  he  may,  with  the  approbation  of  the  commission- 
ers of  highways,  apply  the  work  assessed  in  respect  to  such  land 
in  the  district  in  which  the  same  is  situated.^ 

§'  2«.  Every  person,  liable  to  woi-k.on  the  highways,  shall  work  {;°j^^^°'"**"<*'»  ^""^ 
the  whole  number  of  days  for  which  he  shall  have  been  assessed ; 
but  every  such  person,  other  than  an  overseer  of  highways,  may  elect 
to  commute  for  the  same,  or  some  part  thereof,  at  the  rate  of  one 
dollar  and  fifty  cents  per  day ;  in  which  case  such  commutationiger. "  *^' 
money  shall  be  paid  to  the  overseer  of  highways  of  the  district  in 
which  the  person  commuting  shall  reside,  to  be  applied  and  ex- 

Now,  therefore,  we,  the  imdoi'signed,  commissioners  of  highways  of  said 
towu,  do  hereby  appoint  C.  M.  Priesely,  to  be  overseer  of  highways  of  and 
for  said  road  district  No.  — — ,  in  said  town,  to  fill  said  vacancy. 

Given  under  our  hands  this  —  day  of ,  A.  D.  18 — . 

Ezra  M.  Miller,      \  Commissioners 
Almon  Whkeler,    l  of 

James  B.  Johnson,  )     Highways. 

The  form  of  notice  wsed  in  case  of  appointment  of  town  officers,  may  be  used  in  this 
c;ise,  with  little  variation,  to  suit  the  occa.«ion  — See  ante .  p.  4L 

(1)  An  overseer  of  highways  is  not  liable  to  a  privnte.aciwn  for  any  error  of  judgment  in 
the  execution  of  his  trust.  He  is  only  responsible  for  any  neglect  or  refusal  under  the  sec- 
tion of  the  act  which  subjects  him  in  such  case  to  a  penalty. — Freeman  v.  Coriiwell,  10 
Ji>'t)is  .  470 

If.  however   he  acts  mahciously  or  oppressively,  it  is  otherwise. — 5  Johns..  125. 

(2)  This  notice  is  not  required  by  the  law  to  be  reduced  to  writing,  but  should  the  overseer 
think  to  give  notice  in  writing,  he  can  adopt  the  following  form  : 

Form  of  Notice  to  person  to  viork  on  the  Highway. 
To  Mr.  Daniel  Rose  : — 

Sir: — You  having  been  assessed  a  poll  tax  of  two  days,  to  be  worked  on 
the  highways  in  road  district  number  — ,  in  the  town  of  Young  Hickory.,  are 
hereby  notified  to  appear  with  {state  with  what  implement'^)  on  the  —  day 
of ,  18 — ,  at  —  o'clock  in  the  forenoon,  at  {state  the  place)  for  the  pur- 
pose of  working  said  highway  poll  tax. 

Dated  this  —  day  of ,  1 8 — . 

John  S.  Gardner,  Overseer  of  Highways. 


76 


GENERAL   PROVISIONS. 


[DIV.  1. 


Time  allowed  to 
•ommute. 


Teams  and  tools 


pended  by  such  overseer  in  the  improvement   of  the  roads  and 
bridges  in  the  same  district.  "^ 

§  29.  Any  person  intending  to  commute  for  his  assessment,  or 
any  part  thereof,  shall,  within  twenty-four  hours  after  he  shall  be 
notified  to  appear  and  Avork  on  the  highways,  pay  the  commutation 
money  for  the  work  required  of  him  by  such  notice ;  and  the  com- 
mutation shall  not  be  considered  as  complete  until  such  money  be 
paid. 

§  30.     Every  overseer  of  highways  shall  have  power  to  require 

to  be  furnished,  a  tcam  or  a  cart,  wagon  or  plow,  with  a  pair  of  horses  or  oxen  and 
a  man  to  manage  them,  from  any  person  having  the  same  within 
Ms  district,  who  shall  have  been  assessed  two  days,  or  more,  and 
who  shall  not  have  commuted  for  his  assessment;  and  the  person 
furnishing  the  same,  upon  such  requisition,  shall  be  entitled  to  a 
credit  of  two  days  for  each  day's  service  therewith. 
Work  in  person      g  '^i      Every  person  assessed  to  work  on  the  highways,   and 

or  by  substitute.        "^        ,  i  .  ^  i  i     i      t     i 

1867.  warned  to  work,  may  appear  m  person,  or  by  an  able  bodied  man 

as  a  substitute,  and  the  person  or  substitute  shall  actually  work 

Hours  of  labor,   eight  hours  in  each  day,  under  a  penalty  of  twenty-five  cents  for 

every  hour  such  person  or  substitute  shall  be  in  default,  to  be 

imposed  as  a  fine  on  the  person  assessed. 

§  32.  If  any  person,  after  appearing,  remain  idle,  or  not  work 
faithfully,  or  hinder  others  from  working,  such  oiFender  shall,  for 
every  offense,  forfeit  to  the  town  the  sum  of  two  dollars. 

33.     Every  person  so  assessed  and  duly  notified,  who  shall 


Penalty  for  idle- 
ness. 

1867. 

Fines  and  forfeit- 


to^^appear^^L^nd  ^^^  commute,  and  who  shall  refuse  or  neglect  to  appear  as  above 
Y°^^-  provided,  shall  forfeit  to  the  town  for  every  day's  refusal  or  neg- 

lect, the  sum  of  two  dollars.  If  he  was  required  to  furnish  a 
team,  carriage,  man  or  implement,  and  shall  refuse  or  neglect  to 
comply,  he  shall  be  fined  as  follows :  1st.  For  wholly  failing  to 
comply  with  such  requisition,  four  dollars  for  each  day.  2d.  For 
omitting  to  furnish  a  pair  of  horses  or  oxen,  two  dollars  for  each 
day.  3d.  For  omitting  to  furnish  a  man  to  manage  the  team, 
two  dollars  for  each  day.  4th.  For  omitting  to  furnish  a  wagon, 
cart  or  plow,  two  dollars  for  each  day. 

§  34.     It  shall  be  the  duty  of   every  overseer  of  highways, 
within  six  days  after  any  person   assessed  and  notified  shall  be  • 
guilty  of  any  refusal  or  neglect,  for  which  a  penalty  or  fine  is  pre- 
scribed in  this  act,  unless  a  satisfactory  excuse  shall  be  rendered  to  > 
him  for  such  refusal  or  neglect,  to  make  complaint,  on  oath,  to  any 
justice  of  the  peace  of  the  county.' 

§  35.     The  justice  to  whom  such  complaint  shall  be  made  shall ; 
forthwith  issue  a  summons,  directed  to  any  constable  of  the  coun> 
ty,  requiring  him  to  summon  such  delinquent  to  appear,  forthwith, 
before  such  justice,  at  some  place  to  be  specified  in  the  summons, 
to  show  cause  why  he  should  not  be  fined  according  to   law,  ibr 

(1)  This  complaint  need  not  necessarily  be  in  writing;  it  will  be  a  sufficient  compliance 
H&b.  the  law,  if  made  on  oath,  in  which  case  the  complaint  may  be  re>'Ued  in  the  summoiis- 


Complaint 
against  de- 
linquent. 


1861. 

Justice  to  issue 
summons. 


1861. 


ART.  17,]  HIGHWAY  LABOR.  77 

such  refusal  or  neglect,  which  summons  shall  be  served  personally  Service. 
or  by  leaving  a  copy  at  his  personal  abode.' 

S3G      If,  upon  the  return  of  such  summons,  no  sufficient  cause  ^'^ay '""po^e  fine 

"^  '     .,  ,       ,^  ,  ii         •      X-  1,    11    •  n  and  isBue  warrant 

sliall  be  shown  to  the  contrary,  the  justice  shall  impose  a  nne,  as  for  collection. 
is  provided  in  this  act,  for  the  offense  complained  of,  and  shall  forth- 
with issue  a  warrant,  under  his  hand  and  seal,  directed  to  any  con- 
stable of  the  town  where  such  delinquent  shall  reside,  command- 
ing him  to  levy  such  fine,  with  the  co.sts  of  proceedings,  of  the 
goods  and  chattels  of  such  delinquent.^ 

§  37.     The  constable   to  whom  such  warrant  shall  be  directed  I'uty  of  coneta 
shall  forthwith  collect  the   moneys   therein  mentioned.     He  shall 
pay  the  fine,  when  collected,  to  the  justice  of  the  peace  who  issued 

^J^or?n  of  Sumnionii  for  refusing  to  work. 

State  of  Illinois,  ) 
Jo  Dauiess  County,  ) 
The  people  of  the  state  of  Illinois,  to  any  constable  of  the  town  of  Rusk,  in 

the  aforesaid  county,  greeting : — 

Whereas,  complaint  hath  this  day  been  made  before  me,  Samuel  Oxander, 
one  of  the  justices  of  the  peace  of  said  town,  upon  oath  by  Solon  Way, 
overseer  of  highways  in  road  district  number  — ,  in  said  town,  that  John 
Smith,  who  has  been  assessed  for  highway  labor  in  said  district,  and  has 
been  duly  notified  to  perform  such  work,  has  neglected  to  appear  in  pur- 
suance of  such  notice,  either  in  person  or  by  an  able  bodied  man  as  a 
substitute,  together  with  a  pair  of  oxen  as  required  by  said  notice  {or,  as  the 
case  may  be)  and  perform  such  labor  ;  You  are  therefore  hereby  commanded 
to  summon  the  said  John  Smith  forthwith  to  appear  before  me  at  my  office 
in  said  town,  to  show  cause  why  he  should  not  be  fined  according  to  law,  for 
such  refusal  or  neglect,  as  in  said  complaint  alleged. 

Given  under  my  hand  and  seal  this  —  day  of ,  A.  D.  18 — . 

Samuel  Oxander,    [seal.] 
Justice  of  the  Peace. 

^Form  of  Warrant  for  collecting  fine. 
State  of  Illinois,  ) 
Jo  Daviess  County,  ) 
The  people  of  the   state  of  Illinois,  to  any  constable  of  the  town  of  Rush, 

in  the  county  aforesaid,  greeting  : — 

Whereas,  complaint  was  lately  made  to  me,  Samuel  Oxander,  one  of  the 
justices  of  the  peace  of  said  town,  by  Solon  Way,  overseer  of  highways  for 
road  district  number  — ,  in  said  town,  that  John  Smith,  who  was  assessed 
&c.,  {recite  the  complaint,)  whereupon  a  summons  was  issued  by  me  requir- 
the  said  John  Smith  to  appear  before  me  at  my  office  in  said  town,  forth- 
with, to  show  cause  why  he  should  not  be  fined  for  such  neglect,  {or  refusal, 
\or  as  the  case  may  be,)  which  summons  was  duly  served  and  returned  to  me 
by  a  constable  of  said  town,  and  the  said  Joh?i  Smith,  not  having  shown  any 
sufficient  cause  to  the  contrary,  I  have  iinpo.-^cd  a  fine  of  three  dollars  on 
him  for  his  offense,  complained  of  as  aforesaid,  and  taxed  the  cost  of  the 
proceedings  on  said  complaint  at  —  dollars  and cents.  You  are  there- 
fore, hereby  commanded  to  levy  the  said  fine,  with  the  costs  of  proceedings, 
of  the  goods  and  chattels  of  the  said  John  Smith,  and  make  returns  to  me 
^ithout  delay,  and  have  you  then  and  there  the  amount  of  said  fine  and 
losts. 

Given  under  my  hand  and  seal  this  —  day  of ,  A.  D.  18 — . 

Samuel  Oxander,     [seal.] 
Justice  of  the  Peace. 


GENERAL  PROVISIONS.  [dIV.  1. 


the  warrant,  who  is  hereby  required  to  pay  the  same  to  the  over- 
seer who  entered  the  complaint,  to  be  by  him  expended  in  im- 
proving the  roads  and  bridges  in  the  district  of  which  he  is  the 
overseer. 
Penalty  set  off.  §  33.  Every  penalty  collected  for  refusal  or  neglect  to  appear 
jgg_  and  work  on  the  highways,  shall  be  set  off  against  his  assessments 

upon  which  it  was  founded,  estimating  every  two  dollars  collected 
as  a  satisfaction  for  one  day's  work. 
Excuses.  §  39.     The  acceptance  by  an  overseer  of  any  excuse  for  refusal 

or  neglect  shall  not,  in  any  case,  exempt  the  person  excused  from 
commuting  for  or  working  the  whole  number  of  days  for  which  he 
shall  have  been  assessed  during  the  year. 
Compensation  |of     §  40.     Each,  and  every  overseer  of  highways  shall  be  entitled 
overseer.  ^.^  ^^^  dollar  and  fifty  cents  per  day,  to  be  paid  out  of  fines  and 

1867,  commutations  money,  for  every  day  he  is  necessarily  employed  in 

the  execution  of  his  duties  as  overseer  —  the  number  of  days  to 
be  accounted  to  and  audited  by  the  commissioners  of  highways  j  pro- 
Proviso.  vided,  that  when  there  is  no  funds  from  fines  and  commutations, 

the  commissioners  may  pay  the  overseers  out  of  other  funds  in 
their  hands,  if  they  think  proper. 
Notice  by  over-      §  41.     It  shall  be  the  duty  of  overseers  of  highways  to  warn 
property  Toad  ^^^  residents  of  his  district,  against  whom  a  land  or  personal  prop- 
t»^.  erty  road  tax  is  assessed,   giving  them  three  days'  notice  to  work 

out  the  same  upon  the  highways,  and  he  shall  receive  such  tax  in 
labor  from  every  able  bodied  man,  or  his  substitute  at  the  rate  of 
one  dollar  per  day;    and  any  person,  or  his  agent,  may  pay  such 
tax  in  road  labor,  at  the  rate  of  one  dollar  per  day,  and  in  pro- 
portion for  a  less  amount ;  provided,  that  any  person  may  elect  to 
pay  such  tax  in  money .^ 
Duty  of  overseer      §  42.     It  shall  be  the  duty  of  the  overseer  of  highways,  when 
when  tax  is  paid,  g^^.]^  \axvA  tax  has  been  paid,  either  in  money  or  labor,  to  write  the 
word   "paid"  distinctly  against  each  name  or  tract  on  his  list,  on 
which  the  same  has  been  paid. 
Delivery  of  Ust  to      §  43.     Every  oversccr  of  highways  shall  deliver  to  the  super' 
supervisor.         visor  of  liis  town,  at  least  five  days  previous  to  the  annual  meeting 
^^^'  of  the  board  of  supervi>sors,  the  list  furnished  by  the  commissioners 

of  highways,  containing  the  land  and  personal  property  road  tax, 
with  an  afiidavit  thereon,  sworn  to  before  the  supervisor  of  the 
Affidavit  that  tax  town  or  some  justico  of  the  peace  of  the  county,  that  on  all  tracts 
*^^^'  '  of  land  on  such  list,  opposite  which  the  word  "paid"  is  not  written, 

such  lax  is  due,  and  remains  unpaid,  according  to  the  best  of  his 
belief  and  knowledge.^ 


(1)  When  the  overseer  of  highways  desires  to  give  notice  in  writing,  to  warn  persons  to  work 
out  property  tax,  th";  fonn  heretofore  given  for  notice  in  case  of  poll  tax  can  be  used  by  vary- 
ing to  suit  the  occasion.     See  ante^  p.  75. 

2  Fonn  of  Affidavit  of  Overseer  of  Highways  upon  Return  of  List  to  Supervisor, 
State  of  Illinois,  ) 
Zake  County,  \  ^^-  • 

James  Wiseman,  overseer  of  highways  for  road  district  number  — ,  in  the' 


ART.  17.]  HIGHWAY  LABOR.  79 

§  44.  If  any  overseer  shall  refuse  or  neglect  to  deliver  such  Penalty  for  refu- 
list  to  the  supervisor,  as  provided  in  the  last  preceding  section,  or  ^^ m'^eafflda^^t. 
shall  neglect  or  refuse  to  make  the  affidavit,  as  therein  directed,  he 
shall,  for  every  such  offense,  forfeit  the  sum  of  five  dollars,  and 
also  the  amount  of  tax  or  taxes  remaining  unpaid,  to  be  recovered 
by  the  commissioners  of  highways  of  the  town,  and  to  be  applied 
by  them  in  improving  the  roads  and  bridges  of  such  town. 

§  45.     It  shall  be  the  duty  of  the  supervisors  of  the  several  List  to  be  laui  be- 
to  wns  to  receive  the  list  of  the  overseers  of  highways,  when  deliv-*^°''®^"P'^"''^°'^' 
ered  pursuant  to  the  px'eceding  section,  and  to  lay  the  same  before 
the  supervisors  of  the  county. 

§  46.     It  shall  be  the  duty  of  the  board  of  supei'visors  to  cause  SuperTisors  to 
the  amount  of  such  averages  of  road  tax  to  be  levied  on  the  lands  ^"^  ™    ^^^' 
so  returned,  and  to  be  collected  in  the  same  manner  that  the  con- 
tingent charges  of  the  county  are  levied  and  collected,  and  to  order 
the  same,  when  collected,  to  be  paid  over  to  the  commissioners  of 
highways  of  the  town,  to  be  by  them  applied  to  the  construction  Tax  how  applied. 
of  roads  and  bridges. 

§  47.     It  shall  be  the  duty  of  every  overseer  of  highways,  to  ^'^^'O'' y'^en  to 
have  at  least  three-fourths  of  the  road  labor  assessed  in  his  district 
worked  out  or  actually  expended  on  the  highways,  previous  to  the 
first  day  of  October  in  every  year. 

§  48.     Every  overseer  of  highways  shall,  on  the  second  Tues- Report  of  orer- 
day  next  preceding  the  time  of  holding  the  annual  town  meeting  ***^'^''- 
in  his  town,  within  the  year  for  which  he  is  elected  or  appointed, 
render  to  one  of  the  commissioners  of  highways  of  the  town,  an  Contents. 
account,  in  writing,  containing  :* 

1st.  The  names  of  all  persons  assessed  to  work  on  highways  in 
the  district  of  which  he  is  overseer. 

town  of  Waiikcgan,  in  said  county,  being  duly  sworn,  doth  depose  and  say, 
that  on  all  tracts  of  land  described  in  the  annexed  list,  opposite  which  the 
word  "joaicZ"  is  not  written,  such  tax  is  due  and  remains  unpaid,  according 
to  the  best  of  his  belief  and  knowledge. 

James  Wiseman. 
Subscribed  and  sworn  to  before  mc,  this  — 

day  of ,  A.  D.  18—. 

Joseph  L.  Williams,  Justice  of  the  Peace. 

Note  — The  overseer  should  write  the  word  "  paid"  against  the  amount  of  personal  prop- 
erty tax  of  each  individual,  when  it  has  been  paid,  the  same  as  in  case  of  payment  of  the  land 
tax,  and  he  ought  properly  to  add  the  following  clause  to  the  foregoing  affidavit,  although  it 
seems  not  to  be  absolutely  required  by  the  law  : 

"  And  further,  that  the  personal  property  tax,  set  forth  in  said  list,  against 
which  the  word  '  paid '  is  not  written,  remains  likewise  unpaid,  according  to 
his  belief  and  knowledge." 

1  Form  of  Overseer's  Annual  Account. 
Town  of  McHenry,  ss. 

I,  Leonard  Gage,  overseer  of  highways  for  road  district  number  — ,  in  said 
town,  hereby  render  to  H.  N.  Owen,  one  of  the  commissioners  of  highways 
of  said  town,  the  following  account,  to  wit: 

1st.  The  names  of  all  persons  assessed  to  work  on  the  highways  in  said 
district,  are  as  follows : 

{Here  insert  the  names.) 


80 


GENERAL   PROVISIONS. 


[div.1. 


2d.     The  names  of  all  those  who  have  actually  worked  on  the*  | 
highways,  with  the  number  of  days  they  have  actually  worked.         ' 

3d.  The  names  of  all  those  who  have  been  fined,  and  the  sums 
in  which  they  have  been  fined. 

4th.  The  names  of  all  those  who  have  commuted,  and  the 
manner  in  which  the  moneys  arising  from  fines  and  commutations 
have  been  expended  by  him. 

5th.  The  amount  of  uncollected  road  tax,  which  he  has  returned 
to  the  supervisor  of  the  town,  as  required  in  section  forty-three  of 
this  arrticle. 

§  49.  Every  such  overseer  shall,  also,  then  and  there  pay  to 
the  commissioners  all  moneys  remaining  in  his  hands  unexpended, 
to  be  applied  by  the  commissioners  in  making  and  improving  the 
m  roads  and  bridges  in  the  town,  in  such  a  manner  as  they  shall 
direct. 
Neglect  to  report  §  50.  If  any  ovcrsccr  shall  refuse  or  neglect  to  render  such 
account,  or,  if  having  rendered  the  same,  he  shall  refuse  or  neglect 
to  pay  any  balance  which  may  then  be  due  from  him,  he  shall,  for 
every  such  offense,  forfeit  the  sum  of  five  dollars,  to  be  recovered, 
with  the  balance  of  the  moneys  remaining  in  his  hands,  by  the 
commissioners  of  highways  of  the  town,  and  to  be  applied  in  mak- 
ing and  improving  the  roads  and  bridges.  It  shall  be  the  duty  of 
the  commissioners  to  prosecute  for  such  penalty  in  every  instance 
in  which  no  return  is  made. 


Overseer  to  pay 
over  money. 


OT  pay  over 
money. 


Penalty. 


Commissioners 
to  jirosecwte. 


2d.  The  names  of  all  those  who  have  actually  worked  on  the  highways, 
with  the  number  of  days  they  have  actually  worked,  are  as  follows: 


Names. 


W.  P.  Meletidy, 
Oliver  Owen, 


No.  of  days. 


3d.  The  names  of  all  those  who  have  been  fined,  and  the  sums  in  which 
they  have  been  fined,  are  as  follows : 


Names. 


John  Doe, 


Am't  of  tine. 


§a    00 


4th.  The  names  of  all  those  who  have  commuted,  and  the  manner  in  which 
the  money  arising  from  fines  and  commutations  have  been  expended  by  me, 
are  as  follows : 


Names  of  persons  commuting. 


Geo.  Gage, 


Amount. 


82  I  25 


I  have  received  for  fines  and  commutations  as  above  set  forth,  the  sum  of 

$ ,  of  which  amount  I  have  expended  the  sum  of  $ in  (here  xtate  fioui 

the  money  /las  been  expended,)  and  no  moneys  remain  in  my  hands  unexpended, 
{or  the  sum  of  $ remains  in  my  hands  unexpended.) 

5th.  The  amount  of  uncollected  land  road  tax  which  I  have  returned  to 

the  supervisor  of  the  town  as  required  by  law,  is dollars,  and  the  amount 

of  uncollected  personal  property  road  tax,  thus  returned,  is dollars. 

Leonard  Gage, 
Overseer  of  Highways  of  District  No.    ~ 

Dated  this  —  Jay  of ,  18 — . 


ART.  17.]  HIGHWAY  LABOE.  81 

[The  overseer  of  roads  of  the  several  towns  are  hereby  author- Taking  of  timber, 
izecl  to  enter  upon  any  unimproved  land  most  convenient,  and  to  S'^'^^^''  '*^^- 
cut  and  haul  away  timbei*,  or  to  quarry  and  haul  rock,  gravel,  sand 
or  earth  which  may  be  necessary  for  the  purpose  of  building  or  1S54. 
repairing  any  bridge  or  causeway  in  their  respective  road  districts : 
provided,  that  such  overseers  shall  not  take  away  timber  already  ProTi?o. 
cut,  or  rock  or  gravel  already  quarried  for  another  purpose,  without 
leave  from  the  owner  or  his  agent:     and  provided  also,  that  unless  Further  pioTi^o. 
the  owner  or  his  agent  shall  tlrst  consent  to  the  cutting  of  timber 
or  the  quarrying  of  stone,  or  the  taking  of  gravel,  sand  or  earth, 
the  overseers  of  roads  shall  call  upon  two  discreet  householders  to 
value  the  materials  about  to  be  used,  and  if  the  owner  of  the 
materials  shall  think  proper,  he  or  she  may  choose  two  other  dis-  ^'"'"i'.  h"^'' 
creet  householders  to  act  with  sucli  as  may  be  chosen  by  the  over- '''*'^"^'^'*'' 
seer  of  highways,  and  if  they  can  not  agree  the  four  shall  choose  it 
fifth  as  umpire,  and  the  five,  or  a  majority  of  them,  shall  make  out 
their  award,  under  their  hands  and  seals,  and  deposit  it  with  the 
clerk  of  the  town  in  wliich  such  bridge  is  situated,  who  shall  file 
the  same  in  his  otfice.     Said  award  shall  be  final  and  conclusive  Award  to  i.'^ 
of  the  amount  of  damages  sustained  by  such  person,  and  the  amount  ^"'*^' 
so  awarded  shall  be  audited,  levied  and  collected  in  the  same  man- 
ner provided  in  tlie  next  pr#ceding  section  of  this  act,  [section  14 
of  this  article,]  and  the  ovei'seer  of  highways  shall  be  authorized 
and  warranted,  and  is  hereby  full)'-  empowered,  to  ttike  such  materi-  Ho'^  paia. 
als  as  aforesaid,  for  the  purposes  contemplated  in  this  section,  as 
soon  as  such  award  shall  be  made.'] 

(l)XoTE. — This  section  is  from  the  amendatory  act  of  1854 ;  in  revitiiig  the  Township  Act 
it  was  i'aadrertently  omitted,  it  nevertheless  is  not  repealed,  but  remains  in  full  force,  and 
is,  therefore,  inserted  here  m  its  propar  order. 

Form  of  Award  for  tahiny  Gravel,  (i:c.,  from  unimproved  land,  for  bridge  or 

causeway. 
Kendall  County,      ) 
Town  of  JVeausaj/,  )  " 

Whereas,  David  Smith,  overseer  of  highways   of  district  No. in  the 

town  of  Neausay,  is  desirous  of  taking  a  quantity  of  sand  and  gravel  from 
the  land  of  G.  W.  Kellogg,  the  same  being  uni'nproved  land,  for  the  purpose 
of  erecting  and  constructing  a  causeway,  {or  bridge)  in  the  public  highway 
adjacent  to  said  land,  and  the  said  David  Smith  and  G.  W.  Kellogg,  being 
unable  to  agree  upon  the  damage  for  taking  away  the  said  sand  an'd  gravel, 
and  the  said  G.  W.  Kellogg,  not  consenting  to  the  thus  taking  the  same,  tlie 
said  David  Smith  called  upon  the  undersigned,  S.  and  T.,  and  the  said  G. 
W.  Kellogg  called  upon  the  undersigned,  L.  and  M.,  all  being  householders, 
to  value  the  said  sand  and  gravel  about  to  be  used  as  aforesaid,  and  the 
undersigned  have  been  upon  and  viewed  the  premises,  and  having  heard  the 
parties,  do  award  and  determine  as  follows,  to  wit: 

That  the  value  of  the  said  sand  and  gravel  about  to  be  used,  as  aforesaid, 

is  the  sum  of dollars,  and  that  the  said  G.  W.  Kellogg  is  entitled  to 

that  sum  therefor. 

Witness  our  bands  and  seals  this  —  day  of A.  D.  18 . 


s., 

SKAL.' 

'I'-, 

SEAL. 

L., 

SEAL. 

M., 

^SEAL.^ 

82  GENERAL  PROVISIONS.  [DIY.   1. 

LAYING    OUT,   ALTERATION   AND   DISCONTINUANCE    OF   ROADS. 

The  alteration,  §  51.  The  Commissioners  of  highways  may  alter  or  discontinue 
andTtjhig'^out  ^"y  ^oad,  or  lay  out  any  new  road,  when  petitioned  by  any  num- 
cf  roads.  ber  of  legal  voters,  not  less  that  twelve,  residing  within  three  miles 

of  the  road  so  to  be  altered,  discontinued  or  laid  out.  Said  peti- 
tion shall  set  forth,  in  writmg,  a  description  of  the  road,  and  what 
part  thereof  is  to  be  altered  or  discontinued;  and,  if  for  a  new 
road,  the  names  of  owners  of  lands,  if  known,  over  which  the  road 
is  to  pass ;  the  points  at  which  it  is  to  commence ;  its  general  course, 
and  the  place  at  or  near  where  it  is  to  terminate.* 

In  case  the  four  arbitrators  chosen  cannot  agree,  whereby  they  choose  a  fifth  as  umpire, 
the  foregoing  form  should  be  varied  by  adding  the  following,  after  the  words  "  to  be  used  as 
aforesaid,''  say, 

•*  "And  the  said  S.,  T.,  L.  and  M.,  having  been  upon  and  viewed  the  premises, 
and  heard  the  parties  and  being  unable  to  agree,  they  did  choose  N.,  as  um- 
pire, whereupon  the  undersigned  do  award,  &c.,  (conclude  as  aforesaid.) 

^Form  of  Petition  for  the  alteration  of  a  road. 
To  the  commissioners  of  highways  of  the  town  of  &c. 

The  undersigned  legal  voters  residing  within  three  miles  of  the  road  known 
as  {describe  the  road,)  do  hereby  petition  you  to  alter  said  road,  {or  a  portion 
of  said  road,)  as  follows:  commencing  at  (jttate  the  place  of  commencing)  in 

said  town  of and  rnnning  the  line  of  said  road  as  follows :  {state  th^ 

manner  in  which  the  alteration  of  the  line  is  desired,)  and  your  petitioners 
pray  that  you  will  proceed  and  alter  said  road  accordingly. 

Dated  at ,  this  —  day  of ,  18 — . 

Form  of  Petition  for  discontinuance  of  road. 

To  the  commissioners  of  highways  of  the  town  of  &c., 

The  undersigned  legal  voters  residing  within  three  miles  of  the  road  known 
as  (describe  the  road)  do  hereby  petition  you  to  discontinue  said  road  (or  so 
much  of  said  road  as  lies  in  said  town,  or  the  following  portion  of  said  road, 
desa-ibing  the  portion,)  and  your  petitioners  pray  that  you  will  proceed  and 
discontinue  said  road  accordingly. 

Dated  at ,  this  —  day  of ,  18 — . 

Form  of  Petition  for  new  road. 
To  the  commissioners  of  highways  of  the  town  of  Avon,  in  the  county  of 

Lake,  state  of  Illinois : 

The  undersigned  legal  voters  residing  within  three  miles  of  the  route  here- 
inafter mentioned  and  described  for  a  road,  do  hereby  petition  to  you  to  lay 
out  a  new  road  of  the  width  of  four  rods,  as  follows :  commencing  at  the 
village  of  Hainesville,  in  said  town  of  Avon,  at  the  north  end  of  Gage  street, 
and  running  from  thence  in  a  north-easterly  direction,  on  the  most  eligible 
route  to  intersect  the  Fox  river  road-,  at  or  near  the  house  of  S.  L.  Emery, 
The  names  of  the  owners  of  lands  over  which  the  same  is  to  pass  are  A.  B., 
C  D.,  and  E.  F.,  and  your  petitioners  pray  that  you  will  proceed  to  lay  out 
said  road  and  cause  the  same  to  be  opened  according  to  law. 

Dated  at  Avon,  this  —  day  of ,  A.  D.  18 — . 

Where  the  owners  of  lands  over  which  the  road  is  to  pass  arc  not  known,  then  that  fact 
■hould  be  stated  in  the  petition,  which  statement  should  be  as  fojlows : 

"  The  names  of  the  owners  of  lands  over  which  said  road  is  to  pass  arc 
not  known  to  your  petitioners." 

If  a  portion  of  the  owners  are  known,  and  others  not  known,  the  statement  can  be  M 
Mlows ; 


ART.  17.]  LAYING   OUT  ROADS.  8S 

§  52.     Wlienever  any  number  of  legal  voters  determine  to  peti-  Copy  of  Potition 
tion  the  commissioners  of  highways  for  the  alteration  or  discontin-  ***  *"*  pu^teu. 
uance  of  any  road,  or  laying  out  of  any  new  road,  they  shall  cause 
a  copy  of  their  petition  to  be  posted  up  in  three  of  the  most  public 

"  The  names  of  the  owners  of  lands  over  which  said  road  is  to  pass,  aa 
far  as  known  to  your  petitioner*,  are  A.,  B.,  C,  D.,  &c.  The  names  of  the 
owners  of  the  following  lands  which  said  road  is  to  pass  over,  to  wit :  {here 
describe  the  lands  with  reasonable  certainty,)  are  unknown  to  your  petitioners." 

When  a  petition  is  presented  to  commissioners  of  highways  for  their  action,  they  should 
first  examine  and  see  that  it  is  regular  upon  its  face,  and  that  the  law  has  in  all  respects  been 
complied  \rith,  othersvise  they  should  not  act.  The  law  requires,  first, — that  the  petition 
shall  be  sigaed  by  not  less  than  twelve  legal  voters  residing  within  three  miles  of  the  road 
proposed  to  be  altered,  discontinued  or  laid  out.  Second, — if  it  is  to  alter  or  discontinue  a 
road,  the  petition  must  set  forth  a  description  of  the  road  which  it  proposes  to  alter  or  dis- 
continue, aad,  if  a  new  road,  it  must  set  forth  the  names  of  the  owners  of  the  lands,  if  known, 
over  which  it  is  to  pass,  the  point  at  wtiich  it  is  to  commence,  its  general  course,  and  tlie 
place  at  or  near  where  it  is  to  terminate.  Upon  the  first,  the  commissioners  may  satisfy 
themselves  from  actual  knowledge,  or  upon  proper  inquiry.  The  second  will  appear  from 
the  petition  itself. 

Note. — The  foi-m  here  given  for  a  petition  for  a  new  road  can  be  easily  varied  to  suit  an 
application  for  alteration  or  discontinuance  of  a  road.  The  subsequent  forms  will  likewise 
be  confined  to  the  subject  of  laying  out  of  new  roads,  but  can  also  be  easily  varied  to  suit 
the  occasion  of  altering,  discontinuiug  or  refusing  to  lay  out.  L 

It  is  no  objection  to  a  petition  that  uKire  than  twelve  persons  have  signed  it,  and  where 
twelve  of  the  number  are  legal  voters  and  reside  \vithin  three  miles  of  the  road,  it  will  be  no 
objection  because  others  wliose  names  are  upon  the  petition  are  not  legal  voters,  or  do  not 
reside  within  three  miles  of  the  road.     See  Cannel  v.  Judges  of  Putnam,  7  Wend.,  64. 

The  commissioners  of  highways  can  not  proceed  to  lay  out  a  highway  .except  upon  the 
application  of  twelve  legal  petitioners  in  writing,  and  an  order  made  by  them  laying  out  a 
highway,  without  such  petition,  would  be  void. — Harrington  v.  People,  6  Barb.,  607.  Wil- 
liams v.  Horner,  4Wis.  R.,  129. 

The  applicants  for  a  road  designate  the  general  course  desired ;  the  commissioners,  th« 
particular  route,  and  the  latter  may  make  sucli  variations  as  they  may  think  proper,  provided 
the  departure  is  not  of  such  a  character  as  to  induce  the  court  to  suppose  that  these  oflicers 
had  wholly  disregarded  the  preliminary  proceedings  of  the  application. — Hcdlock  v.  Woolsey, 
23  We,id.,  328. 

Where  commissioners  were  appointed  by  an  act  of  the  legislature,  to  lay  out  a  road  on  the 
most  direct  aud  eligible  route,  commencing  at  or  near  a  certain  village,  and  the  road  was 
laid  out,  commencing  at  a  distance  of  sixty  rods  from  the  village,  in  a  field  where  there  was 
no  road  with  which  the  new  road  could  be  connected,  and  the  route  instead  of  being  the 
most  direct  and  eUgible,  was,  as  expressed  by  the  court,  strikingly  injudicious ;  yet  notwith- 
standing these  facts,  the  court  awarded  a  peremptory  mandamus  to  the  commissioners  of 
highways  of  the  town,  through  which  the  road  was  laid,  to  proceed  forthwith  to  open  and 
■work  the  road,  as  laid  out  by  the  state  commissioners. — People  v.  Collins,  19  Wend.,  56. 

It  wiis  held  in  this  case  that  the  court  would  not  collaterally  review  the  doings  of  the  com- 
missioners, and  hold  as  void  the  final  determination  made  by  them,  in  the  exercise  of  their 
discretion  or  judgment.  That  the  proper  way  of  taking  advantage  of  an  error  of  this  kind 
■would  be  by  certiorari  or  writ  of  error,  if  no  other  mode  of  appeal  is  given  by  statute. 
Hence  we  see  the  necessity  of  getting  forth  in  the  petition  the  points  of  commencement  and 
termination  of  the  road  with  a  degree  of  certainty,  that  may  show  clearly  the  wishes  of  the 
petitioners,  and  thereby  avoid  disputes  that  may  thereafter  arise. 

A  highway  must  be  laid  out  in  conformity  with  the  route  described  in  the  petition,  other- 
wise the  doiugs  of  the  road  commissioners  will  be  without  authority  and  invaUd. —  Coley. 
Town  of  Camnn,  9  Porter  R.,  88. 

The  laying  out  of  a  highway  upon  inducements  or  considerations  other  than  the  public 
good  is  held  to  be  illegal.  Thus  where  a  road  was  laid  out  by  the  commissioners,  both 
because  they  thought  the  public  good  requhed  it,  and  because  G.  and  F.  stated  to  them  that 
if  they  would  lay  the  road  the  petitioners  would  make  it  without  any  expense  to  the  town ; 
both  of  which  were  taken  into  consideration  by  the  commissioners  in  deciiling  to  lay  the 
road,  held  by  the  court  that  a  laying  out  upon  such  inducements  would  be  clearly  illegal. — 
Gurnsei/  v.  Edwards,  6  Porter  R.,  224. 

Commissioners  of  highways,  in  exercising  their  authority  in  respect  to  the  laying  out 
of  highways,  have  no  right  to  make  conditions  with  parties  interested.  They  have  no  right 
to  say  that,  if  they  shall  order  a  highway  to  be  laid  out,  individuals  shall  assume  or  become 
bound  to  pay  the  expense. —  Webb  and  olkers  v.  AWertson  and  others.  4  Barb. 

The  laying  out  of  highways  partakes  of  the  character  of  judicial  proceedings.  It  is  a 
judicial  act.     State  v.  Richmond,  6  Porter,  232. 

The  commissioners  of  highways  have  no  jurisdiction  in  the  matter  of  laying  out  a  highway 
■which  is  not  to  be  wholly  within  their  town,  unless  under  some  express  provision  of  law,  as 
when  the  road  is  to  be  on  the  town  Une,  and  then  they  act  in  conjunction  with  the  commis- 
sioners of  the  adjoining  town. — See  case  of  Gnffin\s  petition,  7  Foster,  (N.  H.,)  343. 

A  pubUc  highway  may  be  created  by  long  use  of  land  by  the  public  for  the  purposes  of  a 
highway.  But  the  way  to  become  public  must  be  used  in  such  a  manner  as  to  show  that 
the  public  accommodation  reqaires  the  way  and  that  it  is  the  intention  of  the  owner  of  the 


84 


GENERAL   PROVISIONS 


[div.  1. 


Commissionera 
when  to  act  on 
petition. 


£xaiuiQ«  route. 


places  in  the  town  twenty  days  before  any  action  sliall  be  had  in 
reference  to  said  petition.^ 

§  53.  Whenever  the  commissioners  of  highways  shall  receive 
a  petition,  in  compliance  with  the  two  preceding  sections,  they  shall, 
or  a  majority  of  them,  within  ten  days  after  the  expiration  of  the 
twenty  days  required  in  section  [fii'ty]  two  of  this  article,  person- 
ally examine  the  proposed  alteration,  discontinuance  or  route  for 
the  new  road  proposed  to  be  laid  out,  and  shall  hear  any  reasons 
that  may  be  offered  for  or  against  altering,  discontinuing  or  laying 
out  the  same.  If  they  shall  be  of  opinion  that  such  alteration, 
discontinuance  or  laying  out  shall  be  necessary  and  proper,  and 
that  the  public  interest  will  be  promoted  thereby,  they  shall  grant 
the  prayer  of  the  petitioners,  as  hereinafter  provided.^ 

§  54.  The  commissioners  of  liighways,  before  determining  to 
lay  out  any  new  road,  or  to  alter  or  discontinue  any  old  one,  shall 
fix  upon  a  time  and  place  when  and  where  they  will  meet  to  hear 
any  reasons  that  may  be  offered  for  or  against  alteiing,  discontinu- 
ing or  laying  out  the  same ;  and  they  shall  cause  written  notices 
thereof  to  be  posted  up  in  three  of  the  most  public  places  in  the 
town,  at  least  eight  days  previous  to  the  time  of  meeting.^ 


Kx  time  to  hear 

reasons. 

1857. 


Poet  notioea 


land  to  dedicate  it  to  the  public  for  that  purpose,  and  the  travel  should  be  cosifin«d  to 
the  same  place.— Sta<e  v.  Nudd^  3  Porter,  {N.  H.)     See  Gardiner  v.  Tisdale,2Wis.  R.,  153. 

(1)  The  commissioners  of  highways  should  be  satisfied  that  copies  of  the  petition  have  been 
pasted  agreeable  to  this  section  of  the  law.  An  affidavit  of  the  fact  by  the  person  v;lio  posteil 
such  copies,  or  who  knows  of  the  posting,  may  be  considered  sufficient.  The  affidavit  should 
be  endorsed  on  the  petition,  and  may  be  in  the  follo\ving  form : 

Form  of  Affidavit  for  posting  copies  of  road  petition. 
State  of  Illinois,  ]_ 
Lake  Couiity,  |  ^' " 

Jacob  N.  Vandemark  being  duly  sworn,  doth  depose  and  say,  that  he  did 

on  tlie  —  day  of ,  18 — ,  post  up  three  copies  of  the  within  petition,  a.^ 

follows  :   {here  i>tate  the  place  of  posting,)  in  the  town  of  Avon,  in  said  county, 
it  being  three  of  the  most  public  places  in  said  town. 

Jacob  N.  Vandemark. 
Subscribed  and  sworn  to  before  me,  ) 

this  —  day  of ,  A.  D.  18—.     \ 

Orlando  S.  Wright,  Justice  of  the  Peace. 

Note. — The  law  requires  tliat  a  copy  of  the  petition  shall  be  posted ;  this  will  include  th» 
names  of  the  petitioners  subscribed  to  the  petition.  The  law  does  not  require  a  notice  of  th« 
presentation  of  the  petition,  yet  it  may  be  proper  to  insert  the  following,  at  the  head  of  the 
copies  posted ; 

"  Notice  is  hereby  given  that  the  following  is  a  copy  of  a  petition  which  will  be 
presented  to  the  commissioners  of  highways  after  the  expiration  of  twenty 
days."  « 

(3)  It  hag  been  held  in  New  York  under  a  like  statute,  that  where  an  apphcation  is  mad<^ 
to  commissioners  of  highways  for  laying  out  a  road,  &c.,  they  may  refuse  to  act,  and  should 
do  so  unless,  in  their  opinion,  the  application  presented  to  them  is  regular  and  in  accordance 
with  the  requirements  of  the  law.  If  they  err  in  their  refusal  to  act,  the  remedy  by  manda- 
mus U  at  h:\nd. —  Warnir./cv.  Orange  Co.,  13  We>id.,432. 

In  laying  out  highways,  the  commissioners  as  well  as  the  supervisors  before  whom  tha 
matter  is  brought  on  appeal,  exercise  special  and  limited  jurisdiction,  and  although  it  may 
be  presumed,  till  the  contraiy  appear,  that  they  have  proceeded  legally,  yet  their  acts  may 
be  impeached  by  showing  that  they  exceeded  their  powers. — 3  Hill,  458. 

^Form  of  Notice  of  Cominissioners,  for  time  and  place  fixed  for  hearing  reaso7U 
for  or  agaithst  road. 

HIGHWAY    NOTICE. 

A  petition  having  been  presented  to  the  commissioners  of  highways  of  thd 


ART.  17.]  LAYING    OUT   ROADS.  85 

§  55.     Whenever  the  commissioners  of  highways  sliall  deter- CauKo  survey  w 
mine  to  lay  out  any  new  road,  or  alter  any  old  one,  they  shall     ""^  ''" 
cause  a  survey  to  be  made,  by  a  competent  surveyor,  who  shall 
make  a  report  to  them  of  such  survey,  accompanied  with  a  plat,  Report  tharoof. 
particularly  describing  the  route,  by  metes  and  bounds,  courses  and 
distances,  and  also  the  land  over  which  the  road  passes.     They 
shall  incorporate  such  survey,  accompanied  with  a  plat,  in  an  order,  Onipr  to  bo  aimu 
to  be  signed  by  them,  declaring  such  road,  so  altered  or  laid  out,  toigj^."^ 
be  a  public  highway;  which  order,  together  with  the  petition  and 
report  of  the  surveyor,  shall  be  deposited  with  the  town  clerk,  who 
shall  note  the  time  of  filing  the  same.     In  case  the  commissioners  Refus.ii  to  lay 
shall  determine  not  to  alter,  discontinue  or  lay  out  any  road,  in  peti'uou. 
accordance  with  any  petition  to  them  presented,  they  shall  note  the 
fact  on  the  back  of  said  petition,  and  deposit  it  with  the  town  clerk, 
who  shall  note  the  tune  of  filing  the  same.' 

town  of  Goodale,  in  the  county  of  Lake,  to  lay  out  a  new  road,  (or  as  the 

case  may  be,)  upon  the  following  described  route,  to  wit:   {here  describe  the  , 

road  as  ^et  forth  in  the  petition.)     The  said  connnissioners  do  hereby  give 

notice  that  they  have  fixed  upon  the  —  day  of ,  18 — ,  at  the  hour  of  — 

o'clock  —  M.,  at  the  house  of  /.  B.  forcer,  in  said  town,  as  the  time  and 
place  they  will  meet  to  hear  any  reasons  that  may  be  oifered  for  or  against 
the  laying  out  of  said  road,  when  and  where  all  pei'sons  interested  can  be 
heard. 

Dated  at  Goodale,  this  —  day  of  — — ,  18 — .  " 

Wm.  C.  Howard,  ^  Commissioners 
Wm.  Kinks,  >-  of 

Calvin  Lobdell,  )     Highways. 

^Form  of  Stcrvei/or^s  Report  of  Survey  of  Road,  ». 

To  the  commissioners  of  highways  of  the  town  of  Libertymlle,  in  the  county 
of  Lake : 

The  undersigned  having  been  employed  by  you  to  make  a  survey  of  a  road 
beginning,  &c.,  {set  forth  the  road  as  asked  for  in  the  petition,)  would  report 
that  the  following  is  a  correct  survey  thereof,  as  made  by  me  under  your 
directions,  to  wit :  {here  set  forth  the  survey,  the  course,  distance,  dec.,  as  req%iired 
by  law,)  and  that  herewith  is  a  correct  plat  of  said  road,  according  to  said 
turvey. 

Dated  this  —  day  of ,  A.  D.  18 — . 

Orange  G.  Risley, 
County  Surveyor  of  Lake  County. 

Form  of  order  of   Commissioners  of  Highways  laying  out  a  new  road. 
Jjee  Countv,  | 

Town  of  Sublette,  ]  ^^' 

Whereas,  upon  the  application,  in  writing,  of  {naming  the  petitioners) 
twelve  legal  voters  residing  within  three  miles  of  the  route  hereinafter  de- 
scribed, for  a  public  road,  a  copy  of  their  petition  having  been  first  duly 
posted  up,  as  required  by  law,  we,  the  commissioners  of  highways  of  said 
town,  did,  on  the  —  day  of ,  A.  D.  18 — ,  personally  examine  the  route  pro- 
posed in  said  petition  for  a  road,  to  wit :  {here  describe  the  route  as  set  forth  in  the 
petition)  and  having  before  determining  to  lay  out  said  road,  fixed  upon  a  time 
and  place  when  and  where  we  would  meet  to  hear  any  reasons  for  or  against  lay- 
ing out  the  same,  and  having  caused  written  notices  thereof  to  be  posted  up  in 
liiree  of  the  most  public  places  in  said  town  eight  days  previous  to  the  time  of 
such  meeting,  and  having  met  at  the  time  and  place  appointed  for  hearing 
such  reasons,  and  having  heard  such  as  were  offered,  and  being  of  the  opinion 
that  such  laying  out  is  necessary  and  proper,  and  that  the  public  interest  would 


86  GENERAL    PROVISIONS.  [dIV.  1. 

Damages  sustain-  §  56.  The  damages  sustained  by  reason  of  the  laying  out  or 
?om'(£°how'2cer-  Opening  or  altering  any  road,  may  be  ascertained  by  the  agree- 
'*^**^-  ment  of  the  owners  and  the  commissioners  of  highways,  and  un- 

less such  agreement  be  made  or  the  owners  of  the  land  shall,  in ' 
writing,  release  all  claims  to  damages,  the  same  shall  be  assessed 
in  the  manner  hereinafter  prescribed,   before   such  road  shall  be 
A      ments  and  Opened,  or  worked,  or  used.     Every  agreement  and  release   shall 
release.  be  filed  in  the  town  clerk's  office,  and  shall  forever  preclude  such 

owners  of  such  lands  from  all  further  claims  for  such  damages.' 

be  promoted  thereby,  and  having  granted  the  prayer  of  said  petitioners,  and 

determined  to  lay  out  said  road,  we  did,  on  the  —  day  of ,  A.  D.  18 — ,  cause 

a  survey  thereofto  be  made  by  a  competent  surveyor  as  follows:  {here  incorporate 
the  survey  of  the  surveyor.)  It  is  therefore  ordered  and  determined  that  a  road 
be,  and  the  same  is  hereby  laid  out  and  established  according  to  said  survey  and 
the  plat  hereunto  annexed  and  made  part  of  this  order,  which  is  hereby  declared 
to  be  a  public  highway,  four  rods  wide,  the  line  of  said  survey  being  the 
center  of  said  road. 

In  witness  whereof,  we,  the  said  commissioners,  have  hereunto  set  our 

•  hands  this  —  day  of ,  A.  D.  18—. 

John  Wood,         \  Commissioners 

H.  P.  KOPSER,         >•  of 

Thos.  S.  Angier,  )      Highways. 

Note. — ^The  form  of  order  for  altering  or  discontinuing  a  road  will  be  nearly  the  .«amc  as 
that  for  laying  out  a  new  road ;  the  foregoing  form  can  therefore  he  easily  varied  to  suit 
either  of  such  occasions. 

The  foregoing  form  of  order  may  be  considered  somewhat  lengthy,  but  it  contains  no  more 
than  seems  to  be  necessary.  It  should  show  that  the  commissioners  acquired  jurisdiction  by 
a.  petition  in  due  form  of  law,  and  that  the}'  subsequently  pursued  the  law  in  laying  out  and 
estabUshing  the  road;  it  will  then  be  I'eceived  as  prima  facie  evidence  of  the  facts  it  con- 
tains.— See  6  Barb.,  607.  No  particular  form  of  words  are  necessary  if  the  facts  sufficiently 
appear. —  Tucker  v.  Rankin,  15  Barb.,  471.  When  the  words  used  were  "  kave  and  do  lay  out 
«  highway,'''  it  was  held  to  import  that  the  road  was  laid  out  at  the  date  of  the  order. — 
Foivler  v  Mott,  19  Wend.,  204. 

In  laying  out  a  road  by  the  commissioners  of  highways,  it  is  suflScient  in  the  survey  to  run 
a  single  hue,  which  wiU  be  intended  as  the  center  of  the  road,  and  where  a  specificitiou  i.'i 
given  will  determine  its  width,  in  case  a  statement  of  the  width  should  have  been  omitted  in 
*he  order. — Hanver  v.  Redhook,  1  Wend.,  310. 

All  the  land  within  a  highway  fence  is  not  necessarily  subject  to  the  right  of  way  ;  and  if 
inot,  it  may  be  occupied  by  the  owner ;  and  if  he  places  an  obstruction  there,  and  another  is 
injured  by  it  he  is  not  thereby  liable ;  and  it  is  held,  that  though  such  obstruction  be  within 
the  highway,  he  is  not  liable,  unless  the  person  injured  exercised  ordinary  diligence  to  avoid 
It. — 6  Cow.,  189.  Yet  he  would  be  otherwise  Uable  for  obstructing  the  highway. — See 5 
GUm.,  371. 

In  an  action  to  recover  a  penalty  for  obstructing  a  highway,  it  was  held  that  it  was  not 
necessary  to  produce  record  evidence  of  the  road;  and  if  such  evidence  is  introduced,  /i.s  for 
instance  the  order  establishing  the  road,  it  is  not  necessary  prior  to  the  introduction  of  such 
order,  to  show  that  all  the  previous  steps  required  by  the  statute  had  been  taken  ;  but  that 
the  presumption  is,  that  the  antecedent  proceedings  have  been  regular,  which  presumption, 
however,  is  subject  to  be  rebutted.— JVeo^y  v.  Brown,  1  Gibson,  10 ;  see  also  Sage  v.  Barnes, 
9  Johns.,  S65. 

Form  of  Commissioner'' s  determination  not  to  alter  or  discontinue  road. 
"We,  the  said  commissioners  of  highways  to  whom  the  within  petition  is 
addressed  having  duly  and  properly  examined  into  the  matter  of  said  petition, 
do  determiue  not  to  alter  (or  discontinue)  the  road  therein  described. 

Witness  our  hands  this  —  day  of ,  A.  D.  1 8 — . 

James  Robbins,  )  Commissioners 

•  John  A.  Rotnour,      [•  of 

Harvey  J.  Stewart,  )      Highways. 

^Form  of  Agreement  as  to  damages  in  laying  out  Road. 

Whereas,  a  road  was  laid  out  on  the  —  day  of ,  A.  D.  18 — ,  by  L. 

K.  Ballard,  G.  B.  Stanchjield,  and  Ebenezer  Tucker.,  commissioners  of  high- 


ART.   17.1  LAYING   OUT  ROADS.  87 

In  case  the  commissioners  and  owners  of  land  claiming  damages 
can  not  agree  it  shall  be  the  duty  of  the  commissioners  to  assess  Aswssn-.ect  of 
the  damages,  at  what  they  may  deem  just  and  right,  to  each  indi-        °'"*' 
vidual  claimant  with  which  they  can  not  agree,  and  deposit  a  state- 
ment of  the  amount  of  damages   so   assessed  to  each  individual 
with  the  town  clerk,  who  shall  note  the  time  of  filing  the  same.     It 
shall   be   the    duty   of  commissioners,  in    all    cases    of  assessing 
damages,  to  estimate  the  advantages  and  benefits  the  new  road  or  Advantages  aaii 
alteration  of  any  old  one  will  confer  on  complainants  for  the  same  '''*'"^^'''- 
as  well  as  the  disadvantages.' 

■ways  of  the  town  of  Nora,  in  the  county  of  Jo  Daviess,  on  the  application 
of  the  requisite  number  of  legal  voters  residing  within  three  miles  of  said 
road  as  follows:  commencing,  &c.,  {insert  dencription  of  the  road  an  in  the 
order)  which  road  passes  through  the  land  of  Peter  F.  Parks,  being  known 
and  described  as  follows:  [here  describe  the  latid  with  reasonable  certainti/.) 
Now,  therefore,  it  is  hereby  agreed  between  the  said  commissioners  and  the 
eaid  Peter  F.  Parks,  that  the  damages  sustained  by  the  said  Peter  F.  Parks, 
by  reason  of  the  laying  out  and  opening  vsaid  road  upon  his  land,  herein- 
before described,  be  liquidated  and  agreed  upon  at dollars. 

In  witness  whereof,  the  said  commissioners  and  the  said  Peter  F.  Parks  ~ 

have  hereunto  subscribed  their  names  the  —  day  of ,  A.  D.  1 8 — . 

L.  K.  Ballard,         \  Commissioners 
G.  B.  Stanchfield,   >  of 

Ebenezer  Tucker,     )       Highways. 
Peter  F.  Parks. 

Form  of  Release  of  Damages  by  owner  of  Land. 

Whereas,  a  road  having  been  laid  out  on  the  —  day  of  '■ ,  18 — ,  by 

Andrew  Cook,  Curtis  St.  John,  and  J.  R.  Wells,  commissioners  of  higiiways 
of  the  town  of  Wauconda,  in  the  county  of  Lake,  on  the  application  of  the 
requisite  number  of  legal  voters  residing  within  three  miles  of  said  road,  as 
follows :  (insert  description  of  the  route  as  set  forth  in  the  order  laijincj 
it  out)  which  road  passes  through  certain  lands  owned  by  me,  being  known 
as  follows:  {here  insert  description  of  the  lands.)  Now,  therefore,  know  all 
men  by  these  presents,  that  I,  Augustus  Granger,  for  value  received,  do 
hereby  release  all  claims  to  damages  sustained  by  me  by  reason  of  laying  out 
and  opening  said  road  through  my  said  lands  above  described. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  this  —  day  of 

,  A.  D.  18—. 

Augustus  Granger,     [seal.] 
Executed  and  delivered  ) 
in  presence  of  J 

Bryon  Hatnes  Shepard. 

"^Form  of  Commissioner^  Assessment  of  Damages  in  case  of  no  agreement  or 

release. 
We,  the  undersigned  commissioners  of  highways  of  the  town  of  Blooming- 
dale,  in  the  county  of  Du  Page,  having  on  the  —  day  of ,  A.  I).  Is — , 

upon  due  application  made  to  us  for  that  purpose,  laid  out  a  road  as  follows: 
commencing,  &c.,  {insert  description  of  the  road  according  to  survcif,)  and 
certain  owners  of  lands  over  which  said  road  passes,  to  wit :  {state  the  numes  of 
the  owners  of  the  lands  who  claim  damages,  with  tohom  the  agreement  has  not  been 
made)  not  having  released  all  claims  to  damages  sustained  by  reason  of  tlte 
laying  out  and  opening  the  same,  and  not  being  able  to  agree  with  them  as 
to  the  amount  of  such  damages,  having  applied  to  them  and  each  of  theiu 
for  that  purpose,  and  endeavored  to  make  such  agreement,  we  proceeded 
to  assess  the  same  at  what  we  deem  just  and  right  to  each  individual  claim- 
ant with  whom  we  could  not  agree,  taking  into  account  and  estimating  the 


88  GENERAL    PROVISIONS.  [dIV.  1. 

Orders  to  i)u  filed      §  57,     jt  shall  be  the  duty  of  the  town  clerk,  whenever  any  or- 

^  ''^  der  of  the  commissioners  for  laying  out,  altering  or  discontinuing 

a  road  shall  be  received  by  him,  to  carefully  file  the  same  ;  and  the 

Time  to  appeaj.    time  hereinafter  limited  for  appealing  from  such  order  shall  be 

advantages  and  benefits  the  road  will  confer  on  the  claimants  for  the  same, 
as  well  as  all  disadvantages,  and  have  assessed  the  damages  of  each  OMncr 
as  follows :  To  Hiram  Cody,  on  [set  forth  a  description  of  the  land  vnth 
reasonable  certaintjf)  at  fifty  dollars ;  being  isclosed  (or  cultivated  or  improved) 
lands.  To  JoJin  Farmer,  on  (describe  the  land)  at  twenty  dollars ;  and  to  H. 
B.  Hills  on  the  south-west  quarter  of  section  eight,  we  have  estimated  the  ad- 
vantages of  said  road  equal  to  any  and  all  his  damages. 

la  witness  whereof,  we  have  hereunto  set  our  hands  this  —  day  of , 

A.  D.  18 — .  Moses  K.  Hoit,  "i  Commissioners 

J.  Barnes,  >-  of 

L.  E.  Landon,     )  ,     Highways. 

The  last  clause  in  the  foregoing  form  is  added  in  view  of  Constitution,  Art.  XIIT,  §  11, 
■whu^h  provides  that  no  man's  property  shall  be  taken  or  apphed  to  puhlio  use  withoutjust 
compensation  being  made  to  him.  The  advantages  of  the  road,  it  seems,  must  be  taken  into 
account,  and  will  properly  he  considered  compensation  to  the  owner,  so  far  as  it  goes  in  en- 
hancing the  value  of  his  lands.  Consistency  would  therefore  seem  to  require,  that  in  every 
instance  where  damages  are  claimed,  that  the  advantages  be  balanced  off  against  the  disad- 
vantages, or  damages,  and  report  thereof  made,  as  in  the  foregomg  form. 

In  the  case  of  Hatch  v.  Vermont  Central  R.  R.  Co.,  Vermont  Supreme  Court,  June  1853, 
the  court  say:  "The  general  rule  may  now  be  regarded  as  settled  in  this  country,  that  the 
advantages  accruing  to  the  proprietor  of  the  land  taken  by  the  contemplated  public  work ,  may 
be^taken  into  account  in  appraising  the  damage.  So,  too,  where  any  portion  of  the  land  is  taken, 
the  commissioners  may  doubtless  estimate  consequential  damages  to  the  remaining  portion 
of  the  land.  It  is  scarcely  iwssible  to  come  fairly  at  the  value  of  the  land  taken  or  actual 
damage  sufi'ered,  in  any  other  mode.*' — Cites  Sijmonds  v.  City  of  Cinchinati,  14  O.  R.,  147. 

The  owner  of  the  soil  over  which  a  highway  is  laid,  refeiins  all  liis  rights  not  incompatible . 
with  the  public  right  of  way,  and  may  maintain  trespass  for  cutting  timber  therein. — Babcork 
V.  Lamb,  1  Coiv.,  238. 

The  grant  or  laying  out  of  a  highway  gives  only  a  right  of  way  to  the  public :  the  fee,  or 
right  of  soil,  remains  in  the  original  owner,  and  an  action  of  trespass  will  lie  for  any  cxclu- 
.sive  appropriation  of  the  soil.— 3  Hill,  567  ;  12  Wend.,  98 ;  14  Jolinx.,  483 ;  2  Johns.,  357  ;  15 
Johna.,  447  ;  Huntly  v.  Middleton,  13  Ills.,  54.  As  a  public  highway  is  a  mere  easement  and 
the  seizin  and  right  to  convey  still  continue  in  the  o^vner  of  the  laud  over  which  it  is  laid  out, 
it  is  no  breach  of  the  covenant  of  seizin  and  power  to  convey  contained  in  the  deed,  that  part 
of  the  land  conveyed  was  a  higiiway  and  used  as  such. —  Whitbeck  v.  Cook,  15  Jn/ins.,  483. 

In  case  of  a  town  plot  acknowledged  and  recorded  under  the  laws  of  Illinois,  the  title  to 
the  ground  embraced  in  the  stieeta  and  alleys,  vests  in  the  corporation  and  the  original  owner 
has  no  further  control  over  that  portion  of  the  land. — Huntly  v.  Middleton,  13  Ills.,  54. 

It  seems  that  the  title  to  the  land  over  which  a  turnpike  road  passes  is  vested  in  the  com- 
pany solely  for  the  purpose  of  a  road,  and  that  when  the  road  is  abaudoued,  the  laud  reverts 
>  to  the  original  owner. — 12  Wend.,  371. 

The  right  of  way,  public  or  private,  is  but  an  incorporeal  hereditament,  an  easement  which 
jier  se  does  not  divest  the  owner  of  the  fee  of  tlie  land.  The  soil  is  nevertheless  the  ouTier'Sv 
sind  he  is  entitled  to  the  same  remedies  for  an  injury  to  his  residuary  interest,  tliat  he  would 
be  entitled  to  if  it  was  entire  and  absolute. —  Gidney  v.  Earl,  12  IVend.,  98. 

It  has  been  decided  in  New  York,  their  constitution  being  the  same  as  ours,  in  this  respect, 
that  an  act  of  the  legislature  giving  to  commissioners  of  highways  the  power  to  lay  out  new 
roads  through  wild  or  unimproved  lands,  without  the  consent  of  the  owner,  is  unconstitu- 
tional and  void,  if  no  compensation  is  required  to  be  made  to  such  owner. —  Wallnre  v.  Knrle- 
iunrefski,  19  Barb.,  118 :  Gould  v.  Glass,  Id.,  179.  It  is  held  also,  that  such  consent,  for 
tlie  purpose  of  waiving  damages,  need  not  be  in  writing,  but  may  be  verbal,  and  proved  by 
oral  testimony. — Fowler  v.  3Iott,  Id. 

Lands  adjoining  a  public  highwaj',  remaining  uninclcsed,  are  considered  as  dedicated  to  the  j 
public  use,  and  no  action  will  lie  by  the  owner  against  any  person  traveling  over  them. — • 
Clertiand  v.  Cleveland,  12  Wend.,  172. 

It  is  held  in  New  Hampshire,  that  the  doings  of  selectmen  in  laying  out  highways  can  not 
be  supported,  unless  it.  appear  that  due  recompense  was  allowed  to  the  ownei-s  of  lands 
through  which  such  highway  was  laid  out,  and  that  the  owners  had  an  opportunity  to  l>e 
lieard  upon  the  subject  of  damages. — Vriichard  v.  Atkins,  3  N.  H.  Rep.,  335.  But  when  !i 
road  was  opened  by  order  of  the  proper  authority,  according  to  law  in  every  respect,  except 
that  no  damages  were  assessed  by  the  jury  to  the  owners  of  the  land,  held  in  North  Carolina, 
that  none  but  those  owners  could  impeach  the  oi-der  for  that  cause. —  Woolardy.  McCutlough, 
1  Iredell  R. 

\Vhere  a  highway  is  laid  out  .ilong  the  line  of  a  farm,  taking  no  portion  of  the  land  of  the 
ONvner.  but  subjecting  him  to  the  expense  of  maintaining  the  whole  of  a  fence,  the  expense  of 
the  half  of  which  only  wa-s  formerly  borne  by  him,  such  owner,  under  the  existing  highway 
act,  is  not  entitled  to  compensation  ;  and  altliough  damages  are  allowed  to  him  tlie  supervis 
oi-R  of  the  countv  have  no  authority  to  cause  the  same  to  be  collected. — People  v.  Supi 
Oneida  Co.,  19  Wt^nd.,  120- 


ART.  17.]  LAYING   OUT   ROADS.  .  89 

computed  from  the  time  of  filing  tlie  same ;  but  the  town  clerk 
shall  not  record  such  order  until  a  linal  decision  is  made,  and  not 
then  unless  such  order  is  confirmed. 

§  5S.     Whenever  it  shall  be  represented  to  the  board  of  super-  state  roads, 
visors  of  any  county,  at  any  regular  or  special  meeting,  by  a  peti-    ^  '. 
tion  of  at  least  thirty-five  legal  voters  of  the  county,  residing  with- tiou  or  rt-'iooatiou 
in  three   miles  of  any  state   road,  that  said  road,  or  any  portion  ^^^°^'''^  °'-^"''"'" 
tliereoti  within  said  county,  is  useless   and  burthensome  and  that 
the  public  interest  requires   that   the  same,  or  any  particular  por- 
tion thereof,  setting  ibrth  that  portion,  should  be  vacated,  or  that 
the  public  interest  requires  the  relocation  of  said  road,  or  any  part 
thereof,  setting  forth  what  part,  said  board  shall  proceed  and  ap- 
point three  suitable  persons  of  said  county  as  viewers,  to  view  said 
road,  who  shall,  within  a   reasonable    time,  and  after  being  duly 
sworn  to  perform  their  duties  faithfully  and  impartially,  proceed  to 
examine  said  road,  and  particulai'ly  that  portion  thereof  in  ques-  Appoint  viewers, 
tion,  and  make  report,  in  writing,  of  their  doings,  at   the   same  or 
next  meeting  of  the  board  of  supervisors.^ 

As  holil  in  Maisachusetts,  where  damages  wpon  laying  out  a  road  have  been  assessed  or 
awardt-Ll  to  an  individual,  the  town  would  be  liable  for  the  amount  thereof,  although  the  road 
had  been  discontinued  before  payment,  and  in  fact  never  entered  upon.  It  was  held  that 
the  oivuei-  had  a  vested  right  to  such  damages,  and  was  entitled  to  a  writ  of  mandamus  to 
compel  ^nynwnt.—Hvrington  v.  Ber/cshire ,  22  Pick.,  2G3. 

Wliere  damages,  sustained  by  the  owners  of  land  taken  for  the  improvement  of  a  public 
high-.vay  under  and  by  virtue  of  an  act  of  the  legislature,  have  been  assessed  by  a  jury,  and 
the  verdicts  of  the  jury  have  been  laid  before  the  board  of  supervisors  who  have  liquidated 
and  settled  the  amount  of  damages  due  to  the  land  owners  respectively  pursuant  to  the 
stiitute,  such  land  owners  have  a  vested  right  to  the  sums  awarded  to  them  respectively,  for 
.such  dam:iges ;  and  are  entitled  to  a  writ  of  mandamus  to  compel  the  board  of  supervisors  to 
cause  the  saifle  to  be  raised  and  paid  to  them.  Such  right  will  not  be  divested  by  a  subse- 
quent repeal  of  the  Rt;itute  under  which   the  damages  were  assessed. 

A  legislative  act,  whether  it  be  a  positive  enactment  or  a  repealing  statute  which  takes 
away  the  vested  rights  of  property  of  an  individual  for  any  purpose  except  where  property  is 
taken  for  public  use,  and  upon  a  just  compensation  is  invalid  as  being  above  the  power  and 
beyond  the  scope  of  legislative  authority. 

The  public  u.se  of  a  liighway  being  but  an  easement,  subject  to  which  the  owner  of  the  land 
over  which  it  passes  retaias  his  title,  there  is  always  a  contingency  by  which  the  o^vner  may 
return  ijito  full  possession  of  the  land,  on  its  being  no  longer  required  by  the  public.  When 
tills  cnafiiigeut  event  will  happen  is  ordinarily  unknown  and  is  wholly  immaterial,  as  regards 
the  rigats  of  the  laud  liolder,  whether  the  public  retains  the  use  of  the  land  for  a  century 
or  for  a  year,  or  but  for  a  single  day,  can  not  affect  his  title  to  a  compensation.  That  becomes 
fixed  and  vested,  the  instant  his  property  is  taken  for  public  use. —  The  People  ex  rel  Foun- 
tain, and  others  v.  The  Board  of  Supervisors  of  the  county  of  Westchester,  4  Barb. 

1  Form  of  Petition  to  Board  of  S^iperviaors  for  vacation,  or  relocation  of 

State  road. 
To  the  Board  of  Supervisors  of  the  county  of  Winnebago,  State  of  Illinois: 

Tiie  petition  of  the  undersigned,  legal  voters  of  said  county  of  Winnebago, 

residing  within  three  miles  of  the  state  road  leading  from ,  to , 

(ikscribe  the  road  an  it  is  wtuallg  knovm)  would  respectfully  represent,  that 
the  following  portion  of  said  road,  lying  iu  said  county,  to  wit:  {describe  the 
portion,  of  the  road  in  question,)  is  useless  and  burthensome,  and  that  the 
public  interest  requires  that  such  portion  of  said  road  should  be  vacated: 
Your  petitioners  would  therefore  pray  that  viewers  may  be  appointed  to  view 
and  report  in  the  premises,  to  the  end  that  such  portion  of  said  road  above 
described  may  be  vacated. 

And  your  petitioners  will  ever  pray. 

Dated  this  —  day  of ,  18 — .  {JSfames  of  petitioners.) 

^Vhen  the  petition  is  for  relocation,  after  the  word  "represent,"  state  as  follows: 
"That  the  public  interest  requires  that  the  following  portion  of  said  road, 


90  GENERAL  PROVISIONS.  [DIV.    1. 

Report  for  vaca-       §  59,     When  the  petition  is  for  tlie  vacation  of  the  road,  the 

1861.  viewers  shall  proceed  to  ascertain  the  fact,  as  to  whether  the  road 

is  useless  and  burthensome,  and  if  they  find  such  to  be  the  fact, 

they  shall  so  report.     If  the  petition  is  for  the  relocation  of  the 

to  wit:  (describe  the  portion  desired  to  be  relocated,)  should  be  relocated  as 
follows,  {set  f 07-th  how  the  relocation  is  desired.)  Your  petitioners  would 
therefore  pray,  that  viewers  may  be  appointed  to  view  and  report  in  the 
premises,  to  the  end  that  such  portion  of  said  road  may  be  relocated  as  the 
public  interest  shall  require." 

When  viewers  are  appointed  upon  the  prayer  of  a  petition,  the  clerk  of  the  board  should  issue 
to  them  a  written  notice  of  their  appoiDtment,  and  transmit  to  them  with  the  origiuaJ  peti- 
tion, which  notice  may  be  in  the  following  form : 

Form  of  Notice  to  viewers  appointed  to  view  and  report  upon  vacation  or  reloca- 
tion of  state  road. 

To  John  Smith,  Peter  Hallowell,  and  Milton  Kilburn,  of  Winnebago  cou'aty : 
You,  and  each  of  you,  are  hereby  notified  that  at  the  present  session  of 

the  Board  of  Supervisors  of  said  county,  you  were  duly  appointed  viewers 

according  to  the  prayer  of  the  annexed  petition. 

Dated  at  Rockford,  this  —  day  of ,  18 — . 

E.  C.  Gatlord,  Clerk. 

The  oath  of  the  viewers  required  to  be  taken  before  proceeding,  should  be  reduced  to  writ- 
ing, or  a  certificate  tliereof  made  by  the  officers  administering  the  same,  and  endorsed  on,  or 
annexed  to  the  petition ;  the  oath  may  be  in  the  following  form : 

Form  of  Oath  of  Viewers  appointed  to  view  and  reoort upon  vacation  or  reloca- 
tion of  State  road. 
State  op  Illinois,  ) 
Winnebago  county,  )  ' 

We,  John  Smith,  Peter  Hallowell,  and  Milton  Kilburn,  appointed  as  view- 
ers in  accordance  with  the  prayer  of  the  within  (or  annexed)  petition  being 
severally  diUy  sworn,  do  each  solemnly  swear,  that  we  will  severally  perform 
our  duties  as  such  viewers,  faithfully  and  impartially. 

John  Smith, 
Subscribed  and  sworn  to  ^  Peter  Hallowell, 

before  me  this  —  dav  >■  Milton  Kilbuhn. 

of ,  A.D.  18—,  '    ) 

Alfred  E.  Hale,  Justice  of  the  Peace. 

Form  of  Report  of  Viewers  upon  relocation  or  vacation  of  State  Road. 

To  the  board  of  supervisors  of  Winnebago  county : 

We,  the  viewers  appointed  by  your  board  at  the  last  (or  present)  session 
thereof,  to  view  and  examine  the  state  road  set  forth  and  described  in  the 
annexed  (or  accompanying)  petition,  having  been  first  duly  sworn,  and  having 
thereupon  proceeded  to  ascertain  the  facts  in  the  case,  and  having  examined 
said  road,  and  particularly  that  portion  thereof  in  question,  beg  leave  to  report, 
that  they  do  find  that  portion  of  said  road  particularly  described  in  said  peti- 
tion, to  wit :  (de.icrihe  the  portion  of  the  road  in  question  «.«  described  in  the 
petition)  to  be  useless  and  burthensome,  and  do  recommend  that  the  same 
be  vacated  according  to  the  prayer  of  said  petition;  all  of  which  is  respect- 
fully submitted. 

Dated  this  —  day  of ,  A.  D.  18 — . 

John  Smith,  ) 

Peter  Hallowell,  >•  Viewers. 

Milton  Kilhurn,     ) 

When  the  repiort  is  upon  a  petition  for  relocation,  pursue  the  foregoing  form  to  the  iroM 
"Keport"  inclusive,  and  then  add  the  following: 


V 


ART.    17.]  LAYING  OUT  ROADS.  91 

road  they  shall  proceed  to  inquire  whether  the  pubUc  interest  re- Report  for  reioca, 

quires  such  relocation,  and  shall  report  to  the  board  accordingly, ''°"' 

as  they  shall  find  the  facts  to  be.     If  they  shall  lind  that  the  pub-  g^^^y  .,^^,  pj^^ 

lie  interest  requires  such  relocation  they  shall  relocate  the  hne  of  of  ruiotHtion. 

said  road,  as  in  their  opinion  is  required,  and  cause  a  survey  thereof 

to  be  made  by  a  competent  surveyor,  and  shall  accompany  their 

report  with  an  accurate   plat  and  survey  of  such  relocation.     On 

receiving  the  report  of  said  viewers  the  board  of  supervisors  may, 

in  their  discretion,  order  the  vacation  or  relocation  of  said  road,  tiou*orr5oratioB. 

agreeably  to  the  report  of  the  viewers. 

§  60.     No  petition  for  the  vacation  or  relocation  of  any  State  Notioo  of  petition 
road  shall  be  entertained  or  the  prayer  thereof  granted  by  the  [^^Jj';";^''''"'''^'''' 
board  of  supervisors,  unless   public  notice  of  the  presentation  of  igd. 
such  petition  shall  be  given,  at  least  twenty  days  prior  to  tlie  pre- 
sentation, by  posting  up  notices  in  at  least  three  public  places  on  wher«  posted. 
the  route  of  the  road  and  on  the  door  of  the  court  house  and  also 
on  the  door  of  the  county  clei'k's  office  should  it  be  kept  in  a  sep- 
arate building.^ 

§  61.     The  viewers,  and  persons  they  may  necessarily  employ  Componpation  of 
to  aid  them,  under  the  provisions  aforesaid,  shall  be  allowed  such  others."^" ""^^  "" 
reasonable  compensation   as  the   board  of  supervisors  may  deem 
just,  to  be  paid  out  of  the  county  treasury ;  and  the  board  shall  1861. 
have  power,  in  their  discretion,  to  require  the  apphcants  for  the 
vacation  or  relocation  of  any  State  road  to  deposit  with  the  clerk  Depositor expen- 
a  sufficient  sum  of  money  to  pay  the  expenses  of  viewing  the  same,  ^^' 
in  case  die  report  of  the  viewers  shall  be  adverse  to  the  prayer  of  the 
petition,  and  to  be  returned,  in  case  their  re.port  shall  be  favorable. 

§  62.     All  public  highways,  laid  out  by  order  of  the  commis- width  of  pubUo 
sioners  of  highways   or  supervisors,  on  appeal,  shall  not  be  less"^"*^ 
than  four  rods  wide. 

§  63.     The  public  roads,  now  existing  by  law,  are  declared  the  ExistinK  mads 
public  hisfhways  of  the  town  in  which  such  roads  shall  lay,  and  ded.irca  high- 
this  act  shall  not  be  construed  as  conferring  any  power  on  the  com-  gt,^te  road,-,  com- 
missioners  of  higliAvays  to  alter  state  roads  now  or  hereafter  exist-  missiouers  not  to 
ing  by  law. 

§  64.     All  roads  laid  out  by  authority  of  the  county  commis-  Koads  hy  county 
sioners  or  county  court  in  counties  adopting  township  organization  fx"j°°"'^  ''''^'^'" 

That  they  do  find  that  the  public  interest  requires  that  such  portion  of  said 
road  particularly  described  in  said  petition,  to  wit :  {describe  the  portion  of 
the  TO  'i  in  quention  as  described  in  the  petition)  should  be  relocated ;  that 
they  relocated  the  line  thereof  agreeably  to  the  prayer  of  said  petition,  and 
caused  a  survey  thereof  to  be  made  by  a  competent  surveyor,  and  herewith 
accompanying  this  report  is -an  accurate  plot  and  survey  of  such  relocation; 
we  do  therefore  recommend  that  said  road  as  relocated  be  established  accord- 
ingly of  record." 

When  the  report  is  adverse  to  vacation  or  relocation,  the  foregoing  forms  can  he  varied 
•ccording  to  the  fact. 

^Fm-m  of  Notice  of  presentation  of  petition  for  vacation  or  relocation  of  State 

Road. 
Public  notice  is  hereby  given  that  a  petition  will  be  presented  to  the  board 


road 


92  GENERAL   PROVISIONS.  [DIY.  1. 

prioi"  to  the  time  of  adopting  township  organization,  and  wliioh 
have  been  opened  and  traveled  as  highways  for  tlie  space  of  fi^-e 
years  from  tlie  date  of  laying  out  or  remained  open  through  unin- 
closed  land  for  that  length  of  time,  are  hereby  declared  to  be  pub- 
lic highways,  and  the  order  of  said  county  commissioners  or  county 
Order  to  be  evi-  court,  entered  of  record,  establishing  such  roads,  shall  be  evidenc(^  ' 
dence.  of  the  regularity  of  all  the  proceedings  in  layhig  out  such  roads 

anterior  to  such  order, 
r.esurvevs  on  ap-      §  ^5.     It  shall  be  the  duty  of  the  commissioners  of  highway?, 
plication.  on  application  of  twelve  freeholders,  residing  within  three  miles  of 

■^^^^-  any  such  road,  to  proceed  and  cause  the  same  to  be  resurvej^^d 

and  more  perfectly  described,  having  posted  notices  of  their  inten- 
tion to  do  so,  in  three  public  places  in  the  neighborhood  of  the  road, 
,  for  at  least  ten  days  prior  thereto.' 
Consult  original       §  G6.     In  resurveying  any  such  road  the  commissioners  of  high- 
survey'!'*^'*  "^""^     ways  shall  consult  the  original  field  notes  or  survey  thereof,  if  tin- 
1861.  same  can  be  produced,  and  shall  hear  any  and  all  other  evidence, 

written  or  parol,  which  may  be  offered  in  relation  to  the  original 
location  of  such  road,  in  cases  where  there  shall  be  any  doubts  as 
to  the  location  and  the  time  and  manner  of  traveling  such  road; 
Ee-fstaijiLsiied  and  having  heard  such  evidence,  they  shall  proceed  and  re-estab- 
lish the  line  of  said  road,  in  accordance  Avith  the  evidence  before 

of  supervisors  of    Winnebago  county,  at  the  next  meeting  thereof,  praying 

for  the  vacation  of  the  following  portion  of  the  State  road  leading  from ■ 

to ,  to  wit,  (describe  the  road  as  described  in  the  petition.) 

Dated  this  —  daj  of ,  A.  D.  18 — . 

When  the  notice  is  for  relocation  of  a  road,  the  form  of  notice  can  lie  varied  according  to 

the  petition. 

'^Form  of  application  by  twelve  freeholders  for  resurvey  of  road  established  by. 

County  Court. 
To  the  Commissioners  of  highways  of  the  town  of  Vernon,  in  the  county  of 

Lake : 

The  undersigned,  twelve  freeholders  residing  within  three  miles  of  the  fol- 
lowing road,  laid  out  by  authority  of  the  county  court  of  said  county,  in  *he 
year  18 — ,  to  wit,  [describe  the  road  by  the  description  by  which  it  is  generally 
hioivn)  do  hereby  make  application  to  you  requesting  that  you  cause  said 
road  to  be  resurveyed  and  more  perfectly  described,  according  to  the  law  iu 
such  cases ;  said  road  having  been  opened  and  traveled  as  a  highway  for  the 
space  of  five  years  from  the  date  of  laying  out,  [or,  said  road  having  re- 
mained open  through  uninclosed  lands  for  the  space  of  five  years  from  the 
date  of  laying  out.) 

Dated  this  —day  of ,  A.  D.  18—. 

Form  of  Notice  of  application  by  twelve  freeholders  to  Commissioners  of 
Highways.^  for  resurvey  of  H'ghway  established  by  County  Court, 

Notice  is  hereby  given  that  application  iu  conformity  with  the  law  in  such 
cases,  will  be  made  after  the  expiration  of  ten  days  from  the  date  of  this 
notice,  to  the  commissioners  of  highways  of  the  town  of  Vern'n  in  Lake' 
county,  requesting  that  they  survey  and  more  perfectly  describe  a  certain 
road  laid  out  by  authority  of  the  county  court  of  said  county,  in  the  year 
18 — ,  to  wit,  {describe  the  road  as  m*  the  application)  ;  said  road  having  been 
opened  and  traveled  as  a  highway  for  the  space  of  five  years  from  the  date 
of  laying  out,  {or  a's  the  case  may  be,  according  to  the  application.) 

Dated  this  —  day  of ,  A.  D.  18 — . 


ART.  17.]  ROAD   APPEALS.  93 

them,   and    shall    make  a  correct  plat  thereof,  with  a  certificate 

of  their  doings  in  the  premises,  embodying  their  survey  of  the  '^"^F  '*"'*  f'** 

road  and  their  determination  in  the  premises,  which  they  shall  file 

in  the  town  clerk's  office ;  and  which  action  of  the  commissioners 

of  highways  shall  be  final  and  conclusive,  as  to  the  location  of  such  Action  final. 

road  and  the  time  and  manner  of  traveling  the  same.* 

§  67.     The  layinor  out  and  establisliing  of  a  hishAvay,  by  the  Subsequent  lay- 
commissioners  ot  highways,  on  the  route  ot  any  road  laid  and  es-  yaTato  fonncr 
tabhshed  by  county  authority,  as  aforesaid,  shall  not  operate  to  va-  f^o^'-ty  ro^'J- 
cate  or  discontinue  the  road  before  laid  out  and  established,  unless     ''  ' 
the  order  of  the  commissioners  shall  so  declare ;  and  such  vacation 
or  discontinuance  shall  likewise  have  been  petitioned  for. 

APPEALS. 

§  68.     Any  person  or  persons,  being  owners  of  or  agents  for  who  may  appeal. 
any  tract  of  land  upon  the  route  or  line  of  or  over  which  any  high-  isci. 
way  altered,  discontinued  or  laid  out  shall  run,  feeling  themselves 
aggrieved  by  any  order  made  by  the  commissioners  of  highways,  Time  forappeai. 
may  appeal  from  the  same,  at  any  time  within  thirty  days  after  the 
filing  of  such  order  in  the  town  clerk's  olBce.     Such  appeal  shall 
note  the  time  that  such  order  was  filed,  and  shall  be  made  to  three  To  whom  majo. 
supervisors  of  the  county,  neither  of  whom  shall  be  a  resident  of 
the  town  in  which  said  highway  was  situated.     All  persons  who 
desire  to  make  an  appeal  from  such  order  shall  act  in  concert  and  cJu^^t"^^  *'^' '" 
make  their  appeal  to  the  same  three  supervisors. 

§  69.     Every  such  appeal   shall  be  in  writing,  and  signed  by  Appe.-a  to  be  in 

Note. — The  commissioners  of  highways,  before  proceeding,  should  be  satisfied  that  notice 
of  the  intended  application  for  reaurvey  of  the  road  in  question,  has  been  given  as  required 
by  law  ;  to  which  end  a  copy  of  tlie  notices  posted  should  be  preserved,  and  an  affidinit  of 
ttie  fact  of  posting  accompanying  the  notice,  or  endorsed  thereon,  as  in  case  of  the  al- 
teration, discontinuance,  or  laying  out  a  road,  may  be  received  as  sufficient  of  the  facts  sta- 
ted ;  the  following  may  be  the  form  of  such  affidavit : 

Form  of  Affidavit  of  posting  Notices  of  intended  application  for  resurvey  of 

road  established  by  County  Court. 
State  of  Illinois,  ) 
Lake  County.  J 

Elisha  Gridley  being  duly  sworn  floth  depose  and  say :  That  he  did  on  the 

—  day  of ,  18 — ,  post  three   notices  of  which  the  within,  (or  annexed) 

is  a  true  copy,  as  follows,  [here  state  the  several  places  of  posting,)  in  the  town 
of   Vernon,  in  said  county,  that  the  places  of  such  posting,  were  then  public 
places  in  the  neighborhood  of  the  road  mentioned  in  said  notices. 
Subscribed  and  sworn  to  before  me,  )  t.  r^ 

this  -  day  of ,  A.  D.  18-.     [  ^"^"^  Gridlky. 

John  LocKnEAO,  Justice  of  the  Peace, 

Form  of  Certificate  of  Commissioners  of  highways    re-establishing  line  of 

road  laid  out  by  authm-ity  of  County  Court. 
State  of  Illinois,  ) 
County  of  Lake,     \  ^^■ 

We  the  commissioners  of  highways  of  the  town  of  Vernon,  in  said  county 
of  Lake,  do  hereby  certify,  that  application  having  been  made  to  us  by 
twelve  freeholders  residing  within  three  miles  of  the  road,  known  as  {describe 
the  road  as  in  the  application)  requesting  that  said  road  be  resurveyed  and 
more  oerfectly  described,  and  being  satisfied  that  notice  of  such  applicatioa 


1861. 


94  GENERAL   PROVISIONS.  [dIV.  1. 

the  party  or  parties  appealing.  It  shall  briefly  state  the  ground 
upon  Avhich  it  is  made  and  whether  it  is  brouglit  in  relation  to 
damages  assessed  by  the  commissioners  of  highways  or  in  relation 
What  the  appeal  to  the  alteration,  discontinuance  or  laying  out  of  the  road,  or  in  rela- 
l^]^  ^'*'*-  tion  to  both,  or  whether  it  is  brought  to  reverse  entirely  the  deter- 
mination of  the  commissioners  or  only  to  reverse  a  part  thereof,  and 
in  the  latter  case  it  shaU  specify  what  part.^ 

had  been  given  according  to  law,  we  did  on  the  —  day  of ,  A.  D.  18 — , 

proceed  to  re-establish  the  line  of  said  road,  and  having  consulted  the  orig- 
inal field  notes  and  survey  thereof,  and  having  heard  all  other  evidence 
offered  in  relation  to  the  original  location  of  said  road,  and  the  time  and 
manner  of  traveling  the  same ;  and  finding  that  said  road  was  laid  out  by  au- 
thority of  the  county  court  of  said  county,  and  opened  and  traveled  as  a 
highway  for  the  space  of  five  years  from  the  date  of  laying  out,  {or  as  tJie 
case  maybe,)  we  did  resurvey  and  more  perfectly  describe  the  same,  and 
have  established  the  line  of  said  road,  in  accordance  with  the  evidence  be- 
fore us,  and  which  line  is  the  center  thereof:  as  follows,  to  wit,  commencing 
(here  embody  the  survey,  giving  courses  and  distances  as  rendered  by  the  survey- 
or,) which  we  do  determine  to  be  the  correct  line  of  said  road. 

In  witness  whereof,  the  said  commissioners  of  highways  have  hereunto  set 

their  hands,  this  —  day  of ,  A.  D.  18 — . 

AsAHEL  Talcott,  )  Commissioners 
George  Gridlet,  >  of 

John  Bolgee,        J      Highways. 

When  the  original  field  notes  or  survey  ca-j  not  he  produced,  the  foregoing  form  of  certifl- 
eate  can  bu  varied  as  follows:  in  lieu  of  tae  words  "and  having  consulted  the  original  field 
notes  and  survey  thereof,"  say  "in  the  absence  of  the  original  field  notes  or  survey  thereof 
as  the  same  could  not  be  produced." 

^Form  of  Appeal  from  decision  of  Commissioners  in  altering,  discontinuing  y 

laying  out  ar  refusing  to  lay  out  a  road. 
To  Homar  Wilmarth,  town  clerk  of  the  town  of  Barrington,  in  the  county 

of  Cook: 

The  undersigned,  John  Jackson,  of  the  town  aforesaid,  feeling  himself  ag- 
grieved by  an  order  made  by  the  commissioners  of  highways  of  said  town, 

on  the  —  day  of ,  A.  D.  18 — ,  in  altering  a  highway  in  said  town,  {or,  in 

laying  out  a  highway,  or,  "  in  discontinuing,"  or,  "  refusing  to  lay  out  a  high- 
way," as  the  case  may  be)  does  hereby  appeal  to,  and  submit  the  matter  in 
controversy  to  the  decision  of  three  supervisors  of  the  county  of  Cook  afore- 
said, to  be  selected  by  you,  agreeably  to  the  statute  in  such  cases ;  which  or- 
der of  said  commissioners  was  filed  in  the  town  clerk's  office  of  said  town  on 

the  —  day  of ,  A.  D.  18, — ,  a  copy   of  which  is  hereunto  annexed,  in 

and  by  which  the  road  in  question,  and  the  proceedings  and  determination 
of  said  commissioners  will  more  fully  appear.  The  grounds  upon  which  this 
appeal  is  made,  are  {here  briefly  state  tlie  grounds,)  and  said  appeal  is  brought 
in  relation  to  the  laying  out  of  said  highway,  {or,  altering  of  said  highway,) 
and  to  reverse  entirely  the  determination  of  said  commissioners,  {or  as  the 
case  may  be.)  The  undersigned  therefore  asks  that  you,  as  town  clerk  of  said 
town,  will  proceed  according  to  law,  and  select  three  supervisorrs  to  hear  and 
determine  said  appeal. 

Dated  this  —  day  of ,  A.  D.  18 — .  John  Jackson. 

Note. — ^It  win  l>e  well  to  annex  a  copy  of  all  papers  in  the  case  accruing  anterior  to  th« 
order  of  the  commissioners  of  highways,  as  well  as  a  copy  of  the  order,  and  have  the  town 
clerk  certify  the  whole  to  be  correct  copies  of  the  original  on  file  in  his  office. 

It  has  b«en  held  in  New  York.  Biishwick  v.  Masserole,  10  Wend.,  122,  that  an  appeal,  stating 
the  proceedings  of  commissioners  in  laying  out  a  road  to  he  illegal,  is  a  sufficient  compliance 
with  the  law,  requiring  the  grounds  of  the  appeal  to  be  briefly  stated,  in  the  case  where  ex- 
ceptions were  tiiken  to  the  sufficienoy  of  the  petition,  on  the  gi-ound  of  the  qualification  of 
the  petitioners  within  the  meaning  of  the  law,  yet,  it  was  thought  it  would  have  been  w«U  ♦» 
have  specified  the  objection. 


ABT.  17.]  ROAD   APPEALS.  95 

§  70.     The  appeal  shall  be  addressed  to  the  town  clerk  of  the  Appeal,  to  whom 
town  wherein  the   road  in   question  shall  be,  and  filed  with  him  ''<^^i'''8'*e'^- 
within   the  time  required  for  taking  appeals  ;  and  in  case  there  jg^™    "^ ' 
shall  be  no  town  clerk  in  the  town  then  such  appeal  may  be  ad-  in  case  of  no 
dressed  to  and  filed  with  the  supervisor  or  any  justice  of  the  peace  *°^"  '^''''■'^• 
of  said  town ;  and   upon  the  filing  of  a  bond  by  the  party  taking  Bond, 
such  appeal,  executed  to  the  supervisor  of  the  town,  in  sufficient 
amount  and  with   sufficient  sureties,  to  be  approved  by  said  town 
clerk,  supervisor  or  justices  of  the  peace,  conditioned  to  pay  all  Condition, 
costs  arising  from  such  appeal,  in  case  the   determination  of  the 
commissioners  of  liighways  in  the  premises  shall  not  be  reversed, 
said  town   clerk,   supervisor  or  justice  of  the  peace,  as   the  case  Selection  cf  su- 
may  be,  shall  at  once  proceed  to  select,  at  his   discretion,  three  jg-j 
supervisors  of  the  county,  neither  of  whom  shall  be  a  resident  of 
the  town  in  which  the  highway  is  situated,  for  the  hearing  of  said 
appeal,  which  supervisors  shall  proceed  to  hear  and  determine  said 
appeal,  as  hereinafter  provided.* 

§  71.     In  case  the  condition  of  the  bond  provided  in  the  pre- guit  on  appeal 
ceding  section  shall  not  be   complied  with  in  thirty  days  after  the  ^°''•'•• 
appeal  shall  be  determined,  the  supervisor  shall  bring  suit  thereon,  ^^^' 
before   some  justice  of  the  peace  of  the  county,  who  shaU  have 
jurisdiction  in  such   cases   without  regard  to  the  amount  of  the 
bond,  and,  when  collected,  the  amount  shall  be  paid  to  the  several  ; 
persons  interested.  ^ 
— '■  1 

An  appeal  suspends  the  powers  of  the  commissioners ;  and  until  their  acts  are  aflSrmed  by  ' 

a  dei'.ision  they  can  not  open  the  road.     If  they  do  so,  they  are  trespassers. —  Clark  v.  Phelps.  i 

4  Cote,  190. 

It  on  an  order  being  made  discontinuing  a  highway,  a  fence  be  built  across  it,  an  appeal 
Bu))sequently  brought  will  not  have  the  effect  of  rendering  the  fence  a  public  nuisance. — 
Drnkf  V.  Rosers,  3  Hill,  604. 

Alter  the  appeal  the  supervisors  will  become  actors,  and  if  they  do  not  proceed,  it  can  not 
be  imputed  as  a  lach  to  the  party. —  Clark  v.  Phelps,  4  Cote,  160. 

^Form  of  Bond  to  Supervisors,  in  case  of  Road  Appeal. 

Know  all  men  by  these  presents,  that  we,  Hugh  0.  Burt  and  /.  0.  An- 
drcw.-;,  of  the  county  of  Peoria,  and  state  of  Illinois,  are  held  and  firmly 
bound  unto  Joseph  Slocum,  supervisor  of  the  town  of  Brivifield,  in  said 
county,  and  to  his  successors  in  office,  in  the  penal  sum  of  {here  insert  the  sum 
sufficituit  to  pay  all  costs  arising  from  the  appeal,  as  near  as  can  be  estimated) 
wiiieli  sum  well  and  truly  to  be  paid  we  bind  ourselves,  our  heirs,  executors 
and  administrators,  jointly  and  severally,  firmly  by  these  presents:  Sealed 
with  our  seals,  and  dated  this  —  day  of ,  A.  D.  18 — . 

The  condition  of  the  above  obligation  is  such,  that,  whereas,  the  above 
bouudeu  Hugh  0  Burt  has  appealed  from  the  decision  of  the  commissioners 
oi'  liighways  of  said  town  of  Brimfield,  in  laying  out  {or  as  the  case  may  be,) 
a  highway,  from   {describe  the  road  brief  y)  by  their  order  bearing  date  the 

—  day  of ,  A.  D.  18 — ,  and  filed  in  the  town  clerk's  office,  the  —  day 

of A.  D.  18 — .     Now,  therefore,  if  the  above  bounden  Hugh  0.  Burt, 

shall  promptly  pay,  or  cause  to  be  paid  all  costs  arising  from  such  appeal, 
in  case  the  determination  of  the  commissioners  of  highways  in  the  premises 
shall  not  be  reversed,  then  the  above  obligation  to  be  void,  otherwise  to  re- 
main in  full  force  and  effect. 

Hugh  0.  Burt,     [seal.] 
J.  0.  Andrews,      [seal.] 

Approved  by  me,  this  —  day  of ,  A.  D.  18 — . 

JosKPH  Blanchard,  Town  Clerk. 


96         "  GENEEAL   PROVISIONS.  [DIV.    1. 

Rule  for  selecting      §  72.     The   towM   clevk,   Supervisor  or  justicc  of  the  peace,  as 
liupervisors.        ^^le  case  may  be,  in  making  the  selection  of  the  supervisors  as 
Si^\1on!^  °^      aforesaid,  shall  have  due  regard  to  the  interests  of  the  persons  in- 
terested, and  shall,  upon    making  such    selection   or  nomination, 
give  a  certificate  of  the  same,  which  shall  be  delivered  to  the  per- 
son taking  such  appeal ;  which  certificate   said  person  shall  cause 
to  be  dehvered  to  one  of  the  supervisors   therein  named,  within 
ten  days  from  the  time  of  fihng  such  appeal  with  the  town  clerk, 
or  other  officer,  as  aforesaid,  and  shall  also,  within  the  same  time, 
Notice  of  appeal,  cause  a  notice  of  such  appeal  to  be  given  to  the  other  two  super- 
visors named  in  said  certificate.' 
Meeting  of  super-      §  73.     It  shall  be  the  duty  of  the  supervisors  to  whom  the  ap- 
visors  to  consider  pgj^][  jg  made,  as  soon  as  may  be   convenient,  after  the  expiration 
agreed  on.  of  thirty  days  from  the   filing  of  the   order  in  the  town   clerk's 

office  from  which  the  appeal  is  made,  to  agree  upon  a  time  when 
and  where  they  will  meet  to  consider  the  same ;  which  shall  be  at 
some  place  deemed  convenient,  at  or  near  the  road  to  be  examined. 
Appellant  to  give      §  74.     The  person  or  persons  making  the  appeal  shall  cau.-e  a 

noMce  of  time       _ — . ■ 

»n'.l  place.  ^Form  of  Certificate  of  Town  Clerk  on  selection  of  three  Supervisors  for  hear- 

ing Appeal. 

County  of  Cook,  ) 

Town  of  Barrington,   ) 

I,  Homer  Wilmarth,  town   clerk  of  said    town  of  Harrington,  do  hereby 

certify  that  on  the  —  day  of ,  A.    D.  IS — ,  came  John  Jackson,  and 

filed  with  me  his  appeal  in  writing,  appealing  from  the  commissicners  of 
highways  of  said  town  of  Barrington  in  alteiing  a  highway  (or  in  laving  out 
a  highway,  or  as  the  case  may  be,)  as  follows  :  (here  describe  the  road  as  set 
forth  in  the  order  ;  which  order  of  said  commissioners  in  altering  said  road 
(or  as  the  case  may  be)  was  deposited  with  me,  and  filed  on  the  —  day  of 

,  18 — .     The  grounds  upon  which   said  appeal  is  made,  are  (here  stale 

the  grounds  as  contained,  in  the  appeal)  and  that  I  have  selected  George  M. 
Huntoon,  supervisor  of  the  town  of  Evanston,  Benjamin  Cool,  supervisor  of  the 
town  of  Brevien,  and  /.  Matteson,  supervisor  of  the  town  of  Wheeling,  to  hear 
and  determine  said  appeal,  having  had,  in  making  such  selection,  due  regard 
to  the 'interests  of  the  persons  interested.  ^      « 

Given  under  my  hand  this   —  day  of ,  A.  D.,  18 — 7^^ 

Homer  WiLiiARXHjVTown  Clcik. 

Form  of  Notice  to  he  given  to  Supervisors  by  2yersons  taking  Appeal. 
To  George  M.  Hunton,  Esq.,  supervisor  of  the  town  of  Evanston,  county  of 
Cook. 

Sir  : — The  undersigned  has  taken  an  appeal  from  the  decision  of  the  com- 
missioners of  highways  of  the  town  of  Barrington,  in  the  county  aforesaid, 
in  altering  a  highway,  or  in  laying  out  a  highway  (or  as  the  case  may  be,)  as 
follows  : — (here  describe  the  road  as  set  forth  in  the  order: )  which  order  of 
said  commissioners,  in  altering  said  road  (or  as  the  case  may  be)  was  depos- 
ited with   the   town  clerk  and  filed  on  the  —  day  of ,  18 — ,  and  said 

appeal  was  filed  with  said  town  clerk  on  the  —  day  of ,  18 — ,  whereupon 

supervisors  George  M.  Huntoon,  of  Evanston,  Benjamin  Cool,  of  Bremen, 
and  /.  Matteson,'oi  Wheeling,  were  selected  by  said  clerk  to  hear  and  de- 
termine said  appeal.  The  grounds  upon  which  said  appeal  is  made,  are  i^stait 
the  ground  as  contained  in  the  appeal.) 

Dated  this  —  day  of ,  18 — . 

JonN  Jackson. 


ATIT.    17.]  ROAD   APPEALS.  ^  97 

notice,  in  writing,  of  the  time  and  place  agreed  on  by  the  three 
supervisors  when  and  where  they  will  meet,  to  be  served  on  each 
of  the  commissioners  of  highways  from  whose  order  they  appealed, 
and  also  on  at  least  three  of  the  petitioners  who  petitioned  in  rela- 
tion to  such  road ;  which  notices  shall  be  served  at  least  eight  Ser7i«e  of  notice. 
days  before  the  time  mentioned  therein,  by  dehvering  one  to  each 
commissioner  or  leaving  one  at  each  of  their  dwelling  houses  ;  an* 
in  like  manner  shall  the  notices  be  served  on  each  of  the  thret 
petitioners.* 

^For?n  of  Notice  of  Appeal  to  be  given  to  Commissioners  of  Highways  and 
Petitioners. 

To  John  B.  Judd,  James  D.  Twogood  and  Truman  Judd,  commissioners 
of  highways  of  the  town  of  Lysander,  in  the  county  of  Winnebago : 

Sirs: — Please  take  notice  that  I  have  appealed  from  the  decision  of  the 

commissioners  of  highways   of    the    said   town  of ,  made  on  the  — 

days  of ,  laying  out  a  highway,  as  follows,  to  wit :  {here  insert  a  de- 
scription of  the  road: )  and  that  A.  B.,  supervisor  of  the  town  of ,  C. 

D.,  supervisor  of  the  town  of ,  and  E.  F.,  supervisor  of  the  town  of 

,  of  said  county,  to  whom  said  appeal  is  made,  will  meet  at  the  house 

of  '■ — ,  on  the  —  day  of ,  at  —  o'clock,  —  M.,  for  the  pur- 
pose of  hearing  and  determining  said  appeal ;  which  appeal  is  taken  for  the 
purpose  of  wholly  reversing  the  decision  of  said  commissioners  in  laying  out 
the  said  road  {or  as  the  case  may  be)  at  which  time  and  place  you  may  appear 
and  show  cause,  if  any  you  have,  why  said  decision  should  not  be  wholly 
reversed.                                               Yours,  &c.,  Edwin  M.  Lutuer. 

Dated  this  —  day  of ,  A.  D.  18—. 

This  notice  should  be  served  by  delivering  a  copy  to  each  of  the  commissioners,  or  by  leaT- 
ing  at  their  dwellings.    In  the  notice  of  the  three  petitioners,  the  address  can  be  thus : 

"  To  {name  the  petitioners)  three  of  the  petitioners  who  petitioned  for  the 
road  herein  described." 

The  notice  should  be  served  upon  the  three  petitioners  in  like  manner  as  upon  the  com- 
missioners of  highways,  so  that  each  may  have  a  copy.  A  true  copy  should  be  retained  by 
the  person  or  persons,  taking  the  appeal ;  and  the  person  serving  such  notice  should  make 
affidavit  of  the  fact,  to  be  indorsed  upon  the  back  of  the  copy  of  the  notice  retained,  which 
affidavit  may  be  in  the  Allowing  form.  The  supervisors  to  whom  an  appeal  is  taken,  can  not 
act  unless  the  commiswnerstand  three  of  the  petitioners  are  notified,  and  should  they  do  so, 
Iheir  action  is  invalid!  The  appeal,  however,  will  not  be  dismissed  on  feilure  to  give  the 
notice ;  it  will  stand"  until  acted  on  by  the  supervisois. — McPherson  et  at.  v.  Holdndsf,  24 
Ills.,  38.  ,  . 

Form  of  Affidavit  of  Service  of  Notice  of  Appeal  upon  ^(mimissioners  of 
Highways, 
State  of  Illinois,  ) 
Winnebago  County,  j"     " 
Edwin  M.  Luther,  being  duly  svrorn,  doth  depo.'3e    ind    ay :  That  he  did, 

on  the  —  day  of ,  A.  D.  18 — ,  make  service  o'   a  n  )te  in  writing,  of 

which  the  within  is  a  true  copy,  upon  A.,  B.,  and  C,  comn  issioners  of  high- 
ways of  the  town  of  Jiysander,  in  said  county,  by  d  jliveri  ig  one  to  each  of 
said  commissioners,  (o?-  by  leaving  at  their  dwelling  h  mses  a  ;  the  case  may  be.) 

Em  'IN  M.  Luther. 
Subscribed  and  sworn  to  before  me,   ) 

this  -—  day  of ,  A.  D.  18—.      \ 

A..  S.  VA>rDYKE,  Justice  of  the  Peace. 

For7n  of  Affidavit  of  Service  of  Notice  of  Appeal  upon  threi  of  the  Petitioners. 
Statk  of  Illinois,    ) 
Triwieiflf^o   County,  f  ^^' 

/  BdsoH  P.  Albee,  being  duly  sworn,  doth  de?  lose  and  s  ly,  that  he  did,  on 
/  7  • 


98  GENERAL   PROVISIONS.  [dIV.    1. 

Supervisors  to         §  75.     It  shall  be  the  duty  of  supervisors  to  convene  at  the 
proofs^"'^  ^^^     ti"^^  ^^^  place  mentioned  in  the  notice,  and  to  hear  the  proofs  and 
allegations  of  the  parties.     They  shall  have  power  to  issue  pro- 
witnesses  may    ccss,  to  Compel  the  attendance  of  witnesses,  and  may  adjoura  from 
adjourn  their      ^jjj^g  ^q  time,  as  may  be  necessary.     Their  decision,  or  that  of  any 
tAvo  of  them,  shall   embrace   the  whole    matter   in   controversy. 
They  shall,  first,  consider  the  propriety  and  expediency  of  locating, 
altering  or  discontinuing  the  road ;  secondly,  the  subject  of  dam- 
Manner  of  pro-   ages,  if  such  subject  was  embraced  in  the  appeal  under  which 
aweal^  ^  ^^^^^'^  they  are  acting ;  and  they  shall  fix  upon  the  amount  of  damages 
which,  in  their  judgment,  is  right  and  just,  to  be  paid  to  each  per- 
son claiming  damages ;  but  no  person  shall  be  entitled  to  reassess- 
ment of  damages,  unless  his  or  her  name  appears  in  the  appeal  in 
reference  to  that  subject.     The  supervisors  shall  be  governed  by 
the  same  rules,  in  assessing  damages,  as  is  provided  in  section 
fifty-six  of  tliis  article,  for  the  government  of  commissioners  of 
highways  in  such  case.' 

the  —  day  of ,  A.  D.  18 — ,  make  service  of  a  notice  in  writing  of 

which  the  within  is  a  true  copy,  upon  JEzekiel  Brown,  Wm.  Courtright  and 
Geo.  S.  Parker,  being  three  of  the  petitioners  who  petitioned  for  said  road, 
by  delivering  one  to  each  of  said  persons,  {or  hy  leaving  at  their  dwellivg 
houses,  as  the  case  may  be.)  Edson  P.  Albee. 

Subscribed  and  sworn  to  before  me,    ) 

this  —  day  of ,  A.  D.  18—.     [ 

A.  S.  Vandyke,  Justice  of  the  Peace. 

The  attendance  of  a  majority  of  the  commissioners  of  highways,  it  seems,  would  be  ■ 
waiver  of  notice  as  to  the  commissioners,  but  the  attendance  of  one  only  will  not  have  that 
effect.— 20  Wend.,  186. 

Where  commissioners  of  highways  have  acted  upon  a  petition  and  treated  it  as  valid,  they 
can  not  afterwards  in  any  proceeding  in  which  they  may  be  concerned,  deny  its  sufficiency. — 
See  Carrnel  v.  Judges  of  Putnam,  7  Wend.,  264. 

When  the  supervisors,  dismiss  an  appeal  and  adjourn  without  any  intention  of  further 
action,  they  can  not  resume  the  subject,  unless  notice  of  the  tune  and  place  of  a  future 
meeting  is  served  on  the  commis.sioners  of  highways  and  on  the  three  petitioners  before 
served,  and  without  these,  the  action  of  the  supervisors  is  void. — Keech  v-  The  People,  22 
Ills.,  478. 

'^Form,  of  Order  of  Supervisors  on  Appeal  from  Commissioners  in  altering, 

discontinuing,  laying  out,  or  refusing  to  lay  out  a  Highway. 
State  of  Illinois,   ) 

County,  pS- 

Whereas,  on  the  —  day  of ,  18 — ,  G.  H.  filed  with  the  town  clerk 

of  the  town  of ,  in   said  co^inty  of ,  an  appeal  addressed  to 

said  town  clerk,  appealing  from  the  order  and  determination  of  the  commis-! 

sioners  of  highways  of  said  town  of ,  in  altering,  ("  in  discontinuing," 

"  in  laying  out,"  or  "  refusing  to  lay  out,")  a  highway  as  contained  in  the 
order  of  said  commissioners  deposited  with  said  town  clerk  and  filed  the 

—  day  of ,  18 — ,  a  copy  of  which  said  order,  a^  well  as  all  the  papers 

before  us  in  said  appeal  are  hereunto  annexed,  and  said  town  clerk  having 
selected  us,  the  undersigned  three  of  the  supervisors  of  said  county,  for  the 

hearing  of  said  appeal,  and  we  having  met  on  the  —  day  of ,  18 — , 

at —  o'clock,  —  M.,  at  {stating  place)  to  hear  the  proofs  and  aiIc5;ation  of  the 
parties,  being  the  time  and  place  agreed  upon  by  us  whea  and  ^here  we 
would  meet  to  consider  such  appeal,  and  it  appearhig  that  said  cjBimis. 
sioners  of  highways,  and  three  of  the  petitioners  in  said  case,  had  been  duly 
notified  of  such  meeting,  as  required  by  law,  we  did  proceed  to  hear  th( 
proofs  and  allegations  of  the  parties,  and  to  consider  said  appeal ;  and  \^<( 
being  now  fully  advised  in  the  pi-emises,  do  adjudge,  order  and  detexminci 


ART.  17.1  ROAD   APPEALS.  99 

-^ , % 

§  76.     Upon  the  refusal  of  the  commissioners  of  highways  to  Appeaiinciiseof 
alter  or  discontinue  a  road  or  lay  out  any  new  road,  petitioned  for  dilcontinu^.  or' 
as  provided  in  section  fifty-one  of  this  article,  any  one  of  the  peti-  lay  out  road. 
tioners  may  appeal  from  such  determination  in  the  same  manner  ^^^^' 

that  the  order  and  determination  of  said  commissioners  of  highways,  be  and 
the  same  is  in  all  things  affirmed,  (or  as  the  case  may  be.) 

In  witness  whereof,  we  have  hereunto  set  our  hands,  this  —  day  of , 

A.  D.  18—. 

A.  B.,  Supervisor  of  the  town  of . 

CD.,  "  "  "  . 

E.  F.  '*  '*  "         . 

Fees  of  Supervisors,  one  day  each,  $4.50. 

Note.— Where  the  appeal  is  from  the  order  of  the  commissioners  of  highways,  in  altering, 
discontinuing  or  laying  out  a  road,  and  the  supervisors  decide  that  such  alteration,  discon- 
tinuance, or  laying  out  is  necessary  and  proper,  and  that  the  public  interest  will  be  promoted 
thereby,  they  will  simply  state  in  their  order  that  the  order  and  determination  of  the  com- 
missioners of  liighways  is  in  all  things  affirmed. 

Where  the  appeal  is  from  the  determination  or  order  of  the  commissioners  in  refusing  to 
lay  out,  alter,  or  discontinue  a  road,  and  they  shall  decide  that  such  road  ought  to  be  laid 
out,  altered,  or  discontinued,  the  foregoing  form  of  order  should  be  changed  as  follows : 

"And  we  being  now  fully  advised  in  the  premises,  are  of  opinion  that  the 
laying  out  {or  alteration,  (/r  discontinuance)  of  said  highway  is  necessary 
and  proper,  and  that  the  public  interest  will  be  promoted  thereby — 
we  do  therefore  order,  that  the  order  and  determination  of  said  com- 
missioners of  highways  be  and  the  ^^ame  is  hereby  in  all  things  reversed ; 
and  that  said  highway  be  laid  out  (or  altered^  according  to  the  following 
survey  thereof  which  we  have  caused  to  be  made  by  a  competent  surveyor,  to 
wit,  (here  incorporate  the  survey  or  the  surveyor)  and  do  order  and  determine 
that  the  same  be  established  {or  altered)  according  to  said  siwvey  and  the 
plat  hereunto  annexed  and  made  part  of  this  order,  which  is  hereby  declared 
to  be  a  public  highway,  four  rods  wide,  the  line  of  said  survey  being  the 
center  thereof"  {in  case  of  discontinuance,  say;  "and  do  order  and  deter- 
mine that  said  highway  be  and  the  same  is  discontinued  according  to  the 
petition  therefor.") 

Note. — Where  one  of  the  supervisors  becomes  unable  to  attend,  before  the  determination 
of  the  appeal  whereby  another  is  associated  in  his  stead,  some  statement  of  the  fact  should 
appear  in  the  order  of  proceedings  of  the  supervisors,  otherwise  there  would  be  a  variance  ia 
the  record,  and  the  person  associated  would  seem  to  be  a  stranger  ia  the  transaction.  In 
such  cases,  the  order  may  be  varied  as  follows : 

"And  said  town  clerk  having  selected  A.  B.,  C.  D.,  and  I.  J.,  three  super- 
visors of  said  county,  for  the  hearing  of  said  appeal,  and  said  I.  J.  being 
unable  to  attend,  before  the  determination  thereof  and  the  undersigned  E. 
F.,  a  supervisor  of  said  county  being  duly  associated  in  place  of  said 
I.  J. ,  and  we  the  undersigned  supervisors  having  met  on  the  —  day  of,  kc, 
(conclude  according  to  the  form  of  order.) 

Note. — The  form  for  assessment  of  damages  by  commissioners  of  highways  in  laying  out  % 
road,  can  be  varied  to  suit  the  occasion  of  assessment  of  damages  by  supervisors  on  appeal. 

The  order  of  the  supervisors  altering  or  establishing  a  road  should  always  be  drawn  with  a 
great  degree  of  care,  and  should  properly  show,  by  recital  or  by  documents  and  papers  annexe 
and  referred  to,  a  history  of  the  whole  proceedings,  so  as  to  make  a  perfect  record  ;  the  forego- 
ing form  is  recommended  as  being  the  most  convenient  method  of  the  two.  It  has  been  held 
in  New  York,  Harrington  v.  People,  Q  Barb..  607,  that  to  give  commissioners  of  highways 
jurisdiction  of  proceedings  to  lay  out  a  highway,  an  application  must  be  made  to  them  "in 
writing,  duly  signed  as  required  by  law ;  and  that  an  order  directing  the  laying  out  of  a 
highway,  made  on  appeal  from  the  decision  of  such  commissioners,  must  show  the  making 
of  such  application  to  the  commissioners,  otherwise  the  order  Will  not  be  conclusive  evidence 
of  the  regularity  of  the  proceedings  for  laying  out  the  road. 

On  an  appeal  Itom  the  doings  of  the  commissioners  in  laying  out  a  road,  an  inquiry  into 
the  damages  of  the  owners  of  lands,  it  seems,  will  be  proper  to  enable  the  supervisor  to  de- 
termine whether  the  benefit  will  equal  the  expense,  and  whether  the  public  good  will  be  pro- 
moted by  the  roa.i.—]Busnwick  v.  Messerole,  10  Wend.,  122. 


Bond  for  costs. 


100  GENERAL   PROVISIONS.  [DIV.    1. 

and  subject  to  the   same  provisions  and  restrictions  as  relates  to 

persons  who  feel  themselves   aggrieved  by  a  determination  of  the 

commissioners  to  alter  or  discontinue  a  road  or  lay  out  a  new  road.' 

TTben decision  of      §  77.     Where  an  appeal  shall  have  been  made  from  the  detei^ 

conomiseiouere  is  mjnation  of  the  commissioncts  refusing  to  lay  oiit.  alter  or  discon- 

reversed  super-     "ii»'"""      "  _  in  'it  •• 

TisOTs  to  proceed,  tinuc  a  road  and  the  supervisors  shall  reverse  sucJi  determmation 
such  supervisors  shall  alter,  discontinue  or  lay  out  tJie  road  applied 
for,  as  the  case  may  be,  and  in  doing  so  shall  proceed  in  the  same 
manner  in  which  commissioners  of  highways  are  directed  to  pro- 
ceed in  the  like  cases.     Such  road  shall  be   opened  by  the  com- 
missioners of  the  town,  in  the  same  manner  as  if  laid  out  by  them- 
selves. 
Appeals  in  cose        §  78.     Appeals  may  be  had  from  the  determination  of  commis- 
nuT'^'^  °"  **"™  sioners  of  highways   of  two  adjoining  towns,  in   altering,  discon- 
1861,  tinning,  laying  out  or  refusing  to  lay  out  any  road  upon  the  line 

between  said  towns,  which  shall  be  granted  and  conducted  in  all 
respects  as  in  other  cases,  except  that  the  appeal  shall  be  addressed 
How  taken.  to  the  town  clerks  of  both  towns  or  other  officers  of  each  town,  as 
necessity  may  require.  Each  clerk  shall  select  one  supervisor, 
and  the  party  appealing  may  select  the  other.  Said  clerks  shall 
jointly  certify  the  tacts  of  such  selection.  The  supervisors  so 
selected  shall  proceed,  as  near  as  may  be,  as  provided  in  other 
cases.  The  bond  for  costs  in  such  case,  may  be  executed  to  the 
supervisor  of  either  town.  Duplicate  copies  of  all  orders  and  prc^ 
ceedings,  in  such  cases,  shall  be  filed  with  the  town  clerks  of  each 
town. 
When  snpcrvisor     §  79.     In  casc  any  one  of  the  supervisors  to  whom  suck  appli- 

is  unable  to  at-     '_ . 

•.  *^  '  **"  ^*  seems  that  supervisors  on  hearing  appeals  from  commissioners  of  highways,  decide  the 
^ocIatea.  appeal,  not  on  the  facts  existing  at  the  time  of  the  original  application  to  the  commissioners, 

hut  on  the  facts  existing  at  the  time  of  the  hearing  before  them.  In  this  respect,  the  hear- 
ing before  them  is  in  the  nature  of  a  new  proceeding.     See  People  v.  Goodwin,  1   Selden,  573. 

It  is  held  that  it  is  no  part  of  the  duty  of  superTieors,  in  consideriL,-  appejils,  to  entertain 
dilatory  or  technical  objections.  They  are  bound  to  hear  and  determine  the  case  on  th« 
merits.  The  only  questions  for  them  to  decide  are,  as  to  the  expediency  or  inexpediency  of 
the  road,  and  the  amount  of  damages  which  will  be  sustained  by  the  location  thereof. — Bea- 
dles V.  Smith,_  1.5  iffis.,  326. 

The  supervisors  have,  no  doubt,  authority  to  decide  •whether  the  appeal  is  properly  before 
them,  but  it  seems  they  have  no  authority  to  entertain  an  objection  to  the  regularity  of  the 
proceedings  anterior  to  the  deci.sion  of  the  commissioners  ;  as  their  decision  can  only  be  on 
the  merits,  as  to  the  necessity  and  propriety  of  laying  out  the  road ;  and  if  any  irregularity 
has  intervened  previous  to  the  decision  of  the  commissioners,  it  can  only  be  corrected  by 
certiorari  diiecltd  to  the  commissioners.— IFan/vVt  v.  Judges  of  Oswego  Co.,  IS  Mm.,  433. 
AU  objections  of  a  dilatory  nature  should  be  made  before  the  commisioners  of  highways,  and 
should  they  err  In  th«ir  proceedings,  the  remedy  by  certiorari,  and  not  appeal,  is  the  proper 
course,  and  which  it  seems  wiU  be  awarded  in  such  cases. — See  People  v.  Wilkinson,  13  Ills., 
660. 

It  seems  that  where  supervisors  have  committed  errors  in  their  order,  reversing  the 
order  of  the  commissioners  and  determining  to  lay  out  a  road  they  have  a  right,  after  filing 
their  order,  to  deposit  in  the  town  clerk's  office  a  document  correcting  the  errors ;  which  will 
be  deemed  a  valid  amendment.  The  reversal  of  the  commissioners'  order  and  the  determina- 
tion to  lay  out  the  road,  were  quasi  judicial  nets,  and  could  not  be  reversed  or  altered  by  the 
supervisors  ;  but  making  up  the  record  of  their  proceedings  was  ministerial,  and  should  they 
refuse  to  make  such  correction,  it  seems  a  mandamus  will  be  awarded,  requiring  them  to  do 
so.— HaUorky.  Woolsfy  23  Wrnd.,  328. 

Where  the  commLssioners  of  highways  refuse  to  open  a  road  laid  out  by  the  supervisors, 
on  appeal,  a  mandamvs  Ues  to  compel  thoin  to  do  so ;  which  writ  need  not  in  the  first  in- 
stance he  directed  to  the  commissioners  by  their  individual  names.  It  is  only  in  case  of  diso- 
bedience to  the  writ  that  they  are  to  be  proceeded  against  personally. — People  v.  Champion,  16 
Johns.,  61. 

fl)  It  has  been  held  in  New  York.  7  Wend.,  264,  that  a  general  appeal  from  the  determina- 
tion of  commission<!r3  refusing  to  lay  out  a  road,  la  a  sufficient  compliance  with  the  require- 
ments of  the  statute. 


ART.  17.]  DAMAGES.  101 


cation  shall  have  been  made  shall  become  unable  to  attend  before 
the  determination  of  such  appeal,  it  shall  be  the  duty  of  the  remain- 
ing supervisors  named  therein  to  associate  with  themselves  another 
of  the  supervisors  of  the  same  county,  who  shall  act  with  them  in 
all  subsequent  proceedings,  in  the  same  manner  as  if  he  had  been 
originally  named  in  such  appeal.  In  case  the  term  of  office  of  any  ^^T,e„  t^rm  of 
supervisor  shall  expire  before  the  determination  of  such  appeal  he  "^ce  expiree. 
shall  continue  to  act  in  the  premises,  the  same  as  if  he  had  been 
re-elected. 

§  80.     Every  such  supervisor  shall  be  entitled  to  receive  one  Compensation  of 
dollar  and  fifty  cents  for  every  day  employed  in  hearing  and  de-  town  clerk.  ^" 
ciding  such  appeal  or  when  necessarily  engaged  in  reference  to  the 
same  ;  and  the  town  clerk,  supervisor  or  justice  of  the  peace  shall  1861. 
be  entitled,  for  giving  a  certificate  of  an  appeal,  fifty  cents,  to  be 
paid  by  the  party  appealing,  where  the  determination  of  the  com-  By  whom  paid, 
missioners  of  highways  shall  be  affirmed ;  but,  where  it  is  reversed, 
to  be  charged  against  and  paid  by  the  town. 

§  81.  After  the  action  of  the  supervisors  upon  an  appeal  fromi^Gi. 
the  decision  of  the  commissioners  of  highways,  in  laying  out,  vaca- 
ting or  altering  any  road,  no  application  shall  be  entertained  by 
commissioners  for  the  relaying,  vacation  or  alteration  of  the  same 
road  within  one  year  from  the  d^e  of  the  determination  of  the 
supervisors  thereupon. 

DAMAGES. 

§  82.     The  amount  of  damages,  as  finally  settled  by  the  three  Damages  aaaessed 
supervisors  or  as  agreed   on   by  the  commissioners  of  highways,  rep^orted^Mid'*a'i!^ 
together  with  all  charges  of  officers  and  other  persons  employed  dited. 
in  laying  out,  altering  or  discontinuing  any  road,  shall  be  rendered 
by  the  commissioners  of  highways  to  the  board   of  town  auditors, 
with  the  amount  of  damages  and   charges  due  each   individual ; 
which  account  shall  be  audited  by  said  board,  certified  to  and  depos- 
ited with  the  town  clerk.^     The  town  clerk  shall  make  out  the 

^Form  of  Statement  of  damages  and  charges  in  laying  out  road,  to  be  rendered 
by   Commissioners. 

To  the  board  of  town  auditors  of  the  town  of  Geneseo,  in  the  county  of 

Henry : 

The  following  is  a  statement  of  damages  as  settled  by  the  supervisors  on 
appeal,  {or  as  agreed  on  by  the  commissioners  of  highways,)  in  laying  out, 

(or  as  the  case  may  be,)  a  road  in  the  said  town  of  ,  from,  {describe  the 

road  briejli/),  together  with  all  charges  of  officers,  and  other  persons  employed 
in  laying  out  the  same,  {or  as  the  case  may  be.) 

Damages  allowed  and  due  to  A.  B.  for  land  taken  for  said  road,  $100.00 

Charges  of  C.  D.,  E.  F.  and  G.  H.,  supervisors,  for  services  in  laying 

out  said  road,  one  day  each,    .....  4.60 

Charges  of  I.  J.,  as  surveyor,  one  day,  ....       3.00 

{Set  forth  the  charges  due  each  individual.) 

Total  amount,  .  .  .     $107.50 

Dated  this  —  day  of ,  A.  D.  ,18—. 

E.  A.  Wood,       |  Commissiouera 


\ 

102  GENERAL   PROVISIONS.  [dIV.  1. 


Amount  to  be  de-  aggregate  amount  of  such  damages  and  charges,  with  his  certificate 
^^or!'^  ^  '"^'"  thereto  attached,  and  dehver  the  same  to  the  supervisor  of  the 
town  previous  to  the  annual  meeting  of  the  board  of  supervisors/ 
pjoceedings  in         §  83.     After  a  final  decision  by  any  three  supervisors  to  whom 
case  of  excessive  j^j-j„  j-^g^^j  difficultv  has  been  appealed,  if,  in   the  opinion  of  the 
supervisor,  town  clerk,  the  justices  oi  the  peace  and  the  commis- 
sioners of  highways,  or  any  five  of  them,  the  damages  are  mani- 
festly too  high,  and  that,  in  providing  for  the  payment  thereof,  an 
oppressive  tax  will  have  to  be  levied  on  the  property  of  said  town, 
they  may  petition  the  board  of  supervisors',  at  any  meeting  of  said 
board,  held  within  six  months  after  such  decision,  for  relief,  either 
from  the   whole    or   a   part   of  the    damages.     The   board  shall 
hear  the  reasons  for   and  against  granting  such  relief,  and  if  a 
majority  of  them  shall  be  of  opinion  that  the  town    should  be 
relieved  from  the  whole  amount  of  damages,  then  and  in  that  case 
"  the  opening  of  said  road  shall  be  postponed  until  the  damages,  or 

Form  of  Audit&r's  Certificate^  to  accompany  foregoing  statement  of  Cmnmis- 

sioners. 

Henry  County,       )  ^^ 
Town  of  Geneseo,  ) 

We,  the  board  of  auditors  of  said  town  of  Geneseo,  do  hereby  certify  that 
the  foregoing  (or  within  or  annexed^  statement  of  damages  and  charges,  ren- 
dered to  us  by  the  commissioners  of  highways  of  said  town,  has  been  exam- 
ined by  us,  and  the  several  amounts  allowed  and  audited  as  therein  rendered. 

In  witness  whereof,  we  have  hereunto  set  our  hands,  this  —  day  of , 

A.  D.  18—. 

H.  J.  Humphrey,     1 
Patterson  Holmes,  !      Board  of 
J.  A.  McCoNNELL,    j  Town  Auditors. 
S.  Flemming,  J 

'^Fcrrm  of  Statement  of  aggregate  amount  of  road  damages  and  charges^  with 
Certificate  of  Clerk,  to  be  delivered  to  Supervisor. 

In  the  matter  of  damages  as  settled  by  the  supervisors,  {or  as  agreed  on 
by  the  commissioners  of  highways,)  and  charges,  in  laying  out  (or  altering 
£»•  discontinuing)  the  following  road  in  the  town  of  Walmd  Grove  in  the 
county  of  Knox,  {describe  the  road  briefly,)  as  the  account  therefor  has  been 
audited  and  certified  to  by  the  board  of  town  auditors,  and  deposited  with 
me,  they  are  in  the  aggregate, dollars. 

Dated  this  —  day  of ,  A.  D.  18—. 

John  Fowler,  Town  Clerk. 

Form  of  Certificate  of  Clerk  to  be  attached  to  foregoing  statement. 

Knox  County,  ) 

Town  of  Walnut  Grove,  \ 

I,  John  Fowler,  town  clerk  of  said  town  of  Walnut  Grove,  do  hereby  cer- 
tify that  the  statement  hereto  attached,  is  a  correct  statement  of  the  aggre- 
gate amount  of  damages  and  charges  accruing,  as  set  forth  in  said  statement, 
as  the  sairie  appears  by  the  account  audited  and  certified  to  by  the  board  of 
town  auditors  of  said  town,  and  deposited  with  me. 

In  witness  whereof,  I  have  hereunto  set  my  hand  this  —  day  of ,  A.  D. 

18—. 

John  Fowler,  Town  Clerk, 


ART.  17.]  ROADS — EXTENDING,   ETC.  103 

a  major  part  thereof,  are  in  some  other  way  provided  for  than  by  Opening  of  roa«i 
levying  a  tax  upon  the  property  of  the  town.'  poatpoued. 

ROADS    EXTENDING    INTO    ADJOINING    TOWNS,    AND    ON    STATE, 
COUNTY    AND    TOWN    LINES. 

§  84.     When  the  commissioners  of  highways  of  any  town  shall  Mp«ting  of  com- 
disagree  with  the  commissioners  of  any  other  town  of  the  same  jJJinTug  totvL  ili ' 
county,  relating  to  the   laying  out  of  a  new  road  or  the  alteration *^^^^°^  (Usagifce- 
of  an  old  road,  extending    into    both   towns,  or  when  the  commis- 
sioners of  a  town  in  one    county  shall   disagree  with   the  com- 
missioners of  a  town  in  another  county,  relative  to  the  laying  out 
of  a  new  road  or  altering  an  old  road  which  shall  extend  into  both 
counties,  the  commissioners  of  both  towns  shall  meet  together,  at 
the  request  of  either  disagreeing    commissioner,  and  make  their 
determination  upon  such  subject  of  disagreement. 

§  85.     Whenever  the  commissioners  of  highways  of  any  town  Petition  for  lay- 
receive  a  petition  praying  the  location  of  a  new  road,  alteration  or  j"^^jj''"j^.''jj^''J^^''^:^_ 
discontinuing  of  an  old  one,  upon  the  line  between  the  two  towns,  uimce  of  road  on 
such  road  shall  be  laid  out,  altered  or  discontinued  by  two  or  more    ""^     ^' 
of  the  commissioners   of  highways   of  each   of  said  towns,  either 
upon  such  line  or  as  near  thereto  as  the  convenience  of  the  ground  1861. 
will  admit ;  and  they  may  so  vary  the  same,  either  to  the  one  or  to 
the  other  side  of  such  line,  as  they  may  think  proper.     Tlie  peti-  Petition  to  whom 
tion  in  such  cases  shall  be  addressed  to  the  commissioners  of  the  '^'i'^''-'^'*'*- 
two  towns,  jointly,  and  presented  to  each  in  duplicate. 

1  Form  of  Petition  to  Board  of  Supervisors  where  damages  are  manifestly  too 

high. 

To  the  board  of  supervisors  of  the  county  of  Sfephen^oji : 

The  petition  of  the  undersigned,  the  supervisor,  tovNu  clerk,  justices  of  the 
peace,  and  the  commissioners  of  higliways  of  tlie  town  of  Wadoms.,  in  said 

county,  respectfully  represents  that  on  or  about  the  —  day  of ,  A.  D. 

18 — ,  application  was  made  to  the  commissioners  of  highways  of  said  town 
of  Wadoms^  to  lay  out  a  road  as  follows  :  [here  insert  the  road  as  praijed  for 
in  the  petition,)  and  the  said  commissioners  did  determine  that  the  said  road 
be  laid  out  and  opened,  and  established  the  same  as  follows :  {dc-cribe  tlie 
road  as  laid  out,)  from  which  determination  of  the  commissioners  of  highways 
an  appeal  was  taken  to  A.,  B.,  and  C,  three  supervisors  of  said  county  ;  and 
upon  the  hearing  of  said  appeal,  the  said  supervisors  did  determine  and  order 
as  follows,  to  wit:  {here  state  particularly  the  damages-  assessed,)  wh'wh  dama- 
ges, in  the  opinion  of  your  petitioners,  are  manifestly  too  high,  and  in  pro- 
viding for  the  payment  thereof  an  oppressive  tax  will  have  to  be  levied  on 
the  property  of  said  town  of   Wadoms. 

Your  petitioners,  therefore,  in  behalf  of  said  town,  pray  for  relief  in  the 
premises,  either  from  the  whole  or  a  part  of  said  damages,  and  that  the  open- 
ing of  said  road  may  be  postponed  until  the  damages,  or  a  major  part  there- 
of, are  in  some  other  way  provided  for  than  by  levying  a  tax  upon  the  prop- 
erty of  said  town. 

James  Thomas,  Supervisor 

James  Manny,  Town  Clerk. 

William  Hayes,      }  t     .-         /•  xi     r>     „„ 
o     ^      13  '     >  Justices  of  the  rcace. 

SAMUEL    BRCHTOr.n,    ) 

John  A.   Van  Eps,    )  Commissioners 


Nicholas  Marselis,  >-  ♦        of 
John  Swart,  )      Highways. 

:-d  this  —  day  of,  ,  A.  D.  18 — . 


104 


GENERAL  PROVISIONS. 


[my.  1. 


Road  ou  town  §  86.     It  shall  be  the  duty  of  the  said  commissioners,  when  there 

into  road  m's^'^'^'^i^^y  ^6  such  highway,  to  divide  it  into  two  or  more  road  districts 
*'•*=''*•  in  such  manner  that  the  labor  and  expense  of  opening,  working 

and  keeping  in  repair  such  highways  through  each  of  the  said  dis- 
tricts, may  be  equal,  as  near  as  may  be,  and  to  allot  an  equal  num- 
ber of  the  said  districts  to  each  of  the  said  towns. 

§  87.  Each  district  shall  be  considered  as  wholly  belonging  to 
the  town  to  which  it  shall  be  allotted,  for  the  purpose  of  opening 
and  improving  the  road,  and  keeping  it  in  repair ;  and  the  commis- 
sioners shall  cause  such  highway  and  the  petition  and  allotment 
thereof  to  be  recorded  in  the  office  of  town  clerk,  in  each  of  their 
respective  towns.^ 

All  highways,  heretofore  laid  out  upon  the  line  between 


Read  districts 
«n  to\vn  line. 
h«vr  allotted. 


Roads  on  stjite 
line. 

1857. 


Removal  of 
fences. 


Forfeiture. 
18G1.    • 


Roads  heretofore         8    ^ 

laid  out  on  town  ^^ly  ^wo  towns,  shall  be  divided,  allotted,  recorded  and  kept  in 
repair  in  the  manner  above  directed. 

§  89.  Highways  may  be  laid  out  and  opened  upon  the  line 
between  this  and  any  adjoining  state,  as  provided  in  the  five  pre- 
ceding sections,  whenever  the  laws  of  such  adjoining  state  shall  be 
applicable. 

OPENING    HIGHWAYS. 

©pening  of  roads      §  90.     Whenever  the  commissioners  of  highways  shall  have 

pi-oTCd  Uinds       ^^'*^  ^'■^^  ^"y  public  highway  through  any  inclosed,  cultivated  or 

improved  lands,  in  conlbrmity  with  the  provisions  of  this  act,  and 

their  determination  shall  not  have  been  appealed  from,  they  shall 

give  the  owner  or  occupant  of  the  land  through  which  such  road 

Si.xty  days' notice  shall  have  been  laid  sixty  days' notice,  in  writing,  to  remove  his 

to  remove  fences,  fgjjces.     If  such  owner  does  not  remove  his  fences,  within  sixty 

days,  the  commissioners  shall  cause  such  fences  to  be  removed,  and 

shall  direct  the  road  to  be  opened  and  worked ;  and  such  owner 

shall  forfeit  to  the  town  the  sum  of  fifty  cents  a  day  for  every  day 

he  shall  permit  his  fence  to  remain,  after  the  expiration  of  said 

sixty  days.^ 

(1)  When  a  road  is  located  on  a  dividing  line  between  townships,  the  commissioners  of  high 
■ways  of  the  towns  must  create  road  districts  and  allot  the  expense,  etc.,  of  keeping  up  tlic 
road  among  the  districts  as  nearly  equal  as  possible,  giving  each  towm  an  equal  number  of 
districts,  each  road  district  to  be  attached  to  the  town  in  which  it  lies.  Without  such  au 
allotment,  the  road  can  not  be  opened,  neither  of  the  towns  having  power  to  act.  Keech  v. 
The  People,  22  Ills.,  478. 

The  road  in  such  case  should  be  opened  by  the  commissioners  of  highways  of  the  town  to 
■which  road  districts  are  allotted ;  such  allotting  gives  to  the  commissioners  jurisdiction  over 
so  mnch  of  the  road  as  is  contained  in  the  road  districts  allotted  to  their  town. 

^  Form  of  Notice  for  Removal  of  Fences. 
To  Mr  John  Smith  : 

You  will  take  notice  that  the  commissioners  of  highways  oi  the  town  of 
Bead,  in  the  county  of  Will,  have  laid  out  a  public  highway,  agreeable  lo  an 

order  of  said  commissioners,  bearing  date  the  —  day  of ,  A.  D.  18 — ,  a 

copy  of  which  is  hereuTito  annexed  ;  which  highway  passes  through  certain 
enclosed  (or  cultivated,  or  improved,)  lands  owned  {or  occupied)  by  you.  {It 
will  be  well  here  to  describe  the  premises  with  reasonable  certainty.)  You  are 
therefore  hereby  notified  and  required  to  remove  your  fences  from  within  the 
bounds  of  said  highway,  within  sixty  days  after  the  service  of  this  notice. 

Henry  Watkins,  \  Commissioners 
Sheldon  Young,   >-  of 

Henky  Stone,       )      Highways. 
Dated  this  —  day  of ,  A.  D.  18 — . 


IRT.  17.]  PRIVATE   ROADS.  105 


§  91.     If  the  determination  of  the  commissioners   shall  have  Notice  to  remove 
been  appealed  from,  then   the   sixty   days'  notice  shall  be  given,  jj"^",''''*  "^^'"^  "P" 
after  the  decision  of  the  supervisors  upon  such  appeal  shall  have 
been  liled  in  the  office  of  the  town  clerk  of  the  town. 

§  93,     All  highways,  laid  out  by  order  of  the  commissioners  or  iioadH  to  be 
supervisors,  on  appeal,  shall  be  opened  within  five  years  from  the  ^P'^^';^  '°  five 
time  of  laying  out  the  same.     If  not  opened  within  the  time  afore- igei. 
said  the  same  shall  be  decreed  [deemed]  to  be  vacated.^ 

PRIVATE    ROADS. 

§  93.     Private  roads  may  be  laid  oufby  the  commissioners  of  Commissioners 
highways,  from   the   dwelling  or  plantation  of  individuals  to  any  ^te  roua""*^ '^"* 
public  road,  or  from  one  public  road  to  another,  or  from  one  lot  of  1801. 

Note. — This  notice  should  be  served  by  leaving  a  copy  with  the  owner  or  occupant,  and 
should  be  served  by,  or  in  the  presence  of,  some  indifferent  person,  having  no  interest  in  the 
matter  ;  and  a  true  copy  should  in  all  cases  be  retained  by  the  commissioners,  us  actual  notice 
must  be  proved  should  it  ever  be  questioned,  and  will  not  be  presumed.  The  presumption 
which  is  sometimes  iadulged  in  favor  of  public  otRcers,  does  not  extend  to  such  a  ca^e. —  Case 
V.  Tompson,  6  Wend.,  631. 

If  fences  ai-e  removed  without  giving  sixty  days'  notice,  all  persons  concerned  therein  are 
trespassers. — Kelly  v.  Horton,  2  Cow.,  424. 

An  overseer  of  highways  in  proceeding  to  open  a  road  by  removal  of  fences  can  not  justify 
in  au  action  of  trespass,  by  showing  merely  an  order  from  the  commissioners  of  highways, 
directing  him  to  open  the  road ;  if  the  legality  of  the  road  is  questioned,  he  must  show  also 
that  it  was  in  all  respects  legally  laid  out  and  e.stablished.  The  commissioners,  and  all  persons 
acting  under  them,  must  shosv  that  a  ease  existed  which  justified  the  order  issued  by  them. — 
Guptaily.    2V/7,  16 /&.,  3o5;  Dunning  \    Mathews,  III.,  SOS 

It  lias  been  held  in  numerous  instances,  that  payment  or  assessment  of  damages  of  tha 
owners  of  lands  through  wliioh  a  public  higliway  is  laid  is  not  a  condition  precedent  to  the 
right  to  open  the  road ;  and  where  a  law  authorizing  the  taking  of  private  property  for  pub- 
lic purposes,  provides  for  a  just  compeusation  to  the  owner,  it  is  not  unconstitutional  because 
it  omits  to  make  the  assessment  and  payment  of  damages  a  condition  precedent  to  au  entrj- 
upon,  and  occupation  of  the  premises.  It  is  deemed  sufficient  if  the  law  makes  definite  and 
certain  provisions  for  ultimate  compensation  to  the  owner  — Baker  v.  Johnson,  2  Hill,  S-i'Z  ; 
Smith  v  Helmer,  7  Barb  ,  416;  Robottom  v.  McCliire,  i  Black.,  505  But  not  so,  it  seems, 
in  case  of  a  railroad  or  private  corporation  — Blood^oou  v  Mokawk  ^  Hudson  River  R.  R. 
Co.,  18  Wend.,^ 

Where  commissioners  of  highways  had  laid  out  a  road  in  pursuance  of  law,  but  neglected 
to  file  their  proceedings  and  a  mandamus  directed  to  their  successors,  commanding  them  to 
open  it,  by  mistake  misdescribed  the  road,  on  application  for  a  rule  requiring  the  defendants 
to  furnish  the  original  appUcation,  and  that  the  mandamus  be  amended  thereby,  it  appeared 
that  the  paper  sought  for  had  remained  in  the  hands-  of  II.,  a  former  commissioner,  and  was 
beyond  the  control  of  the  defendants  Motion,  therefore,  denied  as  to  the  defendants  But 
a  rule  was  made  upon  11.  that  he  file  a  paper  with  the  clerk  of  the  town,  &c  or  shew  just 
cause  why  he  should  not  do  so. — People  v.  Vail,  1  Cow.,  589 

A  mandamus  to  commi.ssioners  of  highways  to  open  and  work  a  road  will  be  granted  with- 
out regard  to  the  near  approach  of  the  expiration  of  their  offices  ;  when  the  term  of  the  office 
expires,  their  successors  must  obey  the  command  of  the  writ, — People  v.  Collins.  19  Wend.,  53. 
A  mandamus  is  not  a  proper  remedy  to  try  the  que.^tion  of  the  location  of  a  public  highway, 
as  between  the  public  and  the  landholders  over  whose  land  it  passes.  The  court  has  a  dis- 
cretion in  granting  or  refusing  the  writ. — People  ex  rel.  Morgan  v.  Curyea  et  al.,  16  Ills  ,  547. 
Where  a  road  is  used  and  traveled  by  the  public  as  a  highway,  and  is  recognized  and  kept 
in  repair  as  such,  by  the  authority  whose  duty  it  is  by  law  to  open  and  repair  public  roads, 
proof  of  tuese  facts  furnishes  a  legal  presumption,  liable  to  be  rebutted,  that  such  road  is  a 
pubUc  highway. — Eyman  v.  People,  1  Glim..  4;  Nealy  v.  Brown,  lb.,  10. 

Parol  evidence  is  admissible  to  show  where  a  road  is  located.  Although  there  should  be 
some  uncertainty  as  to  the  precise  location  of  the  road,  yet  if  the  evidence  be  such  as  to  con- 
vince tlie  jury  as  to  its  location,  it  is  sufficient  for  them  to  act  upon. — Nealy  v.  Brown,  1 
Gilm.,  10. 

If  tbe  public  is  to  be  charged  with  the  abandonment  of  a  road,  the  proof  of  the  fact  must 
be  accompanied  by  the  further  proof  that  another  road  has  been  adopted  in  its  stead. 

A  public  road,  established  by  public  authority,  continues  as  such  until  it  shall  be  vacated 
by  a  hke  authority. —  Champlin  v.  Morgan,  20  Ills.,  181. 

(1)  It  is  held  in  New  York,  that  the  road  must  be  completely  opened;  if  any  part  thereof 
U  permitted  to  remain  fenced  up  for  the  space  of  time  in  which  the  road  is  required  to  be 
opened,  and  the  travel  turned  another  way  to  avoid  the  field,  this  will  vacate  so  much  of  the 
road  as  remains  fenced  up. — Lyon  v.  Miinson,  2  Cow.,  426. 

It  seems  that  a  road  passing  through  unimproved  and  uninclosed  lands,  is  considered  in 
contemplation  of  law,  opened  when  established. — Ferris  v.  Ward,  4  Gilm.,  499. 


106  GENERAL   PROVISIONS.  [DIV.  I. 

land  to  another,  or  from  a  lot  of  land  to  the  highway  ;  and  when- 
ever any  individual  desires  to  have  a  private  road  laid  out,  as  afore- 

AppUcation  for.  fj^id,  such  individual  may  apply  to  the  commissioners  of  highways 
to  lay  out  such  private  road,  and  the  commissioners  shall  proceed 
to  examine  into  the  merits  of  such  application,  and  be  governed  in 

rrococdings  to  their  pi'oceedings  by  the  rules  and  regulations  pi'escribed  in  this 
'■*  ""  '  act  in  relation  to  public  roads.     The  damages  assessed,  in  conse- 

Bamages  by        quence  of  the  laying  out  of  such  private  road,  shall  be  paid  by  the 

whom  paid.  person  applying  for  the  same,  and,  when  paid,  the  persons  apply- 
ing thereibr,  their  heirs  and  assigns,  shall  have  the  right  to  open 
said  private  road,  and  shall  have  the  right  of  way  upon  the  same 

For  use  of  person  forever  thereafter,  but  not  to  be  converted  to  any  other  use  or  par- 

applying.  p^gg  jj^j^j  ^j^^j  Qf  ^  j.^^^_l 

1  JForm  of  Application  to  Commissiooiers  of  Higliways,  for  Private  Road. 
To  the  commissioners  of  highways  of  the  town  of  Waukegan^  in  the  county 

of  Lake : 

The  undersigned,  Reuhen  White,  desiring  to  have  a  private  road  laid  out 
from  his  dwelling  to  a  public  road,  {eras  the  case  may  be,)  does  hereby  apply 
to  you  to  lay  out  a  private  road,  three  rods  in  width,  (^xet  forth  the  width  de- 
sired,) from  his  dweUing  house  in  said  town,  on  the  most  eligible  ronte,  to 

the  public  road  leading  from to ,  and  intersecting  said  road  at 

(or  near,  &c. ;  describe  the  route  of  the  private  road  as  desired.) 

Dated  this  —  day  of ,  A.  D.  18—. 

Note. — The  legislature,  it  would  seem,  have  considered  private  roads  here  provided  for, 
somewhat  in  the  nature  of  public  highways,  and  the  taking  of  land,  the  private  property  of 
individuals,  in  establishing  such  roads,  may  be  regarded  as  a  taking  by  the  public  The  com- 
missioners of  highways,  in  laying  out  private  roads,  as  will  be  seen,  are  required  to  proceed 
and  be  governed  in  their  proceedings  by  the  rules  and  regulations  prescribed  in  relation  to 
public  roads.  It  would  therefore  seem  to  be  necessary  that  the  commissioners,  after  receiving 
and  granting  the  application  for  a  private  road,  should  commence  by  fixing  a  time  and  place 
when  and  where  they  will  meet  to  hear  reasons  offered  in  the  premises,  and  thereupon  cau.«e 
notices  thereof  to  be  posted  as  in  the  case  of  petitions  concerning  public  highwaj  s,  and  there- 
after proceed  in  ail  respects  as  near  as  the  nature  of  the  case  will  aUow,  as  iu  cases  of  publio 
roads 

Forvi  of  Order  of  Commissioners  of  Highways,  laying  out  a  Private  Road. 
Lake  County,  ) 

Town  of  Waukegan,  \  ^^' 

Whereas,  upon  the  application  of  Reuben  White  for  a  private  road  from  his 
dwelling  in  said  town,  to  a  public  road,  we,  the  commissioners  of  said  town, 

did  on  the  — day  of ,  A.  D.  18 — ,  proceed  to  examine  into  the  merits  of 

such  application,  and  having,  before  determining  to  lay  out  said  private  road, 
fixed  upon  a  time  and  place  when  and  where  we  would  meet  to  hear  any  n^a- 
sons  for  or  against  laying  out  the  same,  and  having  caused  written  notices 
thereof  to  be  posted  up  in  three  of  the  most  public  places  in  said  town,  eight 
days  previous  to  the  time  of  such  meeting,  and  having  met  according  to  such 
notice,  and  having  heard  such  reasons  as  were  oflfered  for  and  against  laying 
out  said  private  road,  and  being   of  opinion   that  the  laying  out  thereof  is 

proper,  having  granted  said  application,  we  did,  on  the  —  day  of ,  A.  D. 

18 — ,  lay  out  such  private  road,  agreeably  to  said  application,  and  cause  a 
suFvey  thereof  to  be  made  by  a  competent  surveyor,  as  follows,  coiiniienciug 
at,  &c.,  [here  incorporate  the  survey  as  rendered  by  the  surveyor.)  "We  do 
therefore  order  and  determine,  that  a  private  road  be  and  is  hereby  laid  out 
and  established,  three  rods  in  width,  according  to  said  survey,  and  the  plat 
thereof  hereunto  annexed:  the  line  of  said  survey  being  the  center  of  said 
private  road. 

In  witness  whereof,  we,  said  conimij^sioners,  have  hereunto  set  our  hands, 

this  —  day  of ,  A.  D.  18 — .  Phillip Blanchard,  )  Comniissioneis 

A.  B.  Ferguson,         >■  of 

EuER  Hjnkston,  )      Highwavs 


ART.  17.]  'OBSTRDCTING*HIGHWAYS.  107 

[And  all  private  roads    shall   not   be   more  than  three   rods  width, 
wide.' J         , 

OBSTRUCTING   HIGHWAYS. 

§  94.     If  any  person  shall  obstruct  any  public  highway,  by  obPtmcting 
falling  a  tree  or  trees  across  the  same,  by  encroaching  upon  or  ^'^''^"'^^^• 
fencing  up  the  same,  or  by  placing  any  other  obstruction  therein, 
or  by  digging  a  ditch  across  the  same,  he  shall  forfeit  to  the  town, 
for  every  such  offense,  a  sum  not  exceeding  ten  dollars,  and  a  sum  Penalty. 
not  exceeding  one  dollar  for  every  day  he  shall  suffer  such  obstruc- 
tion to  remain  after  he  shall  have  been  ordered  to  remove  the  same 
by  a  commissioner  or  overseer  of  highways  of  the  town  :^  provided,  Proviso. 

Note.— Tht  forms  given  in  cases  of  laying  out  public  roads,  for  agreement  as  to  dimiages 
release  of  damages,  and  assessment  of  damages,  can  be  used  in  case  ot  jirivate  roads,  by  beinj 
varied  to  suit  the  occasion. 

In  the  absence  of  acquiring  a  private  way  by  express  grant  or  by  proceedings  under  the 
gtatute,  an  uninterrupted  use  and  enjoyment  of  a  right  of  private  way  over  the  laud  of  an- 
othei  for  twenty  years  becomes  an  adverse  enjoyment,  sufficient  to  raise  a  presumption  of  t. 
grant.  But  such  use,  to  be  conclusive  evidence  of  a  right,  must  have  been  continuous,  un- 
interrupted aud  exclusive ;  that  is,  under  a  claim  of  right,  with  the  knowledge  and  acqui- 
escence of  the  owner.  The  use  of  an  eiisement  for  twenty  years  unexplained,  wiU  be  pre- 
sumed to  be  under  a  claim  or  a.ssertion  of  right,  and  adverse,  aud  not  by  the  leave  or  favo)- 
of  the  owner ;  and  such  a  use  will  not  only  give  a  title  by  prescription,  but  wiU  authorize  th' 
presumption  of  a  gnmt.  When  a  right  to  a  private  way  is  acquired  by  prescription,  or  by 
user  of  twenty  years,  it  can  only  be  lost  by  a  non-user  of  twenty  years,  or  by  a  release.  A 
void  proceeding  for  laying  out  a  private  road,  or  a  void  grant,  may  form  the  basis  of  au 
adverse  use  and  enjoyment  of  an  easement  in  land.  The  consent  of  the  owner  of  laud,  to 
the  laying  out  of  a  private  road  across  his  land,  may  be  presumed  from  his  acquiescence,  and 
the  acquiescence  of  those  deriving  title  from  him,  in  the  uninterrupted  use  of  the  road  as  a 
private  road,  by  others  for  twenty  years.  Such  consent  will  render  the  proceedings  for  lay- 
ing out  the  road  vahd. — Miller  v.  Garlock,  8  Barb.,  153. 

An  assessment  of  damages  on  laying  out  of  a  private  road  is  not  subject  to  the  revision  or 
correction  of  a  board  of  supervisors. —  CVaig  v.  Supervisors,  10  Wend.,  505. 

The  record  of  a  private  road  laid  out  by  the  commissioners,  designating  the  course,  distance 
and  quality  of  land  taken,  is  sufficiently  definite  to  determine  the  width  of  the  road,  and  paiol 
evidence  of  the  result,  from  the  data  given,  is  admissible. 

Where  a  party  obtaiua  a  right  to  a  private  road  of  the  width  of  two  rods,  the  owner  of  the 
land  through  which  it  passes  must  so  build  his  fences  as  to  leave  full  two  roads  in  ^vidth  in 
every  part  of  the  road ;  he  can  not  build  a  Vii-ginia  fence,  placing  the  center  on  the  exterior 
lines  of  the  two  rods,  with  the  angles  projecting  into  the  road.  A  party  will  be  deemed,  how- 
ever, to  have  assented  to  such  location  of  the  fences,  if  apprised  that  the  damages  of  the  owner  » 
of  the  lands  were  asse.ssed  in  reference  to  such  location,  or  if  he  permits  the  fences  to  be  thus 
built  without  objection. — Herrick  v.  Stover,  5  Wend.,  589.  Held,  also.  Ibid.,  that  where  a 
party  obtains  a  right  to  a  private  road,  he  will  be  entitled  to  an  action  against  the  owner  of 
the  land,  if  he  places  his  fences  ten  or  twelve  feet  on  the  land  acquired  for  the  road,  unless 
he  has  yielded  his  assent  expressly  or  implicitly  to  such  location.  But  it  seems  that  if  the 
plainti^  had  assented  to  the  location  as  made,  or  if  he  had  seen  the  defendant  constructing 
his  fence  as  it  is,  and  kno%ving  that  the  angles  encroached  upon  the  road  and  was  silent,  he 
■would  not  be  permitted  to  maintain  an  action  for  damages. 

An  obstruction  of  a  private  road  is  a  mere  private  injury,  in  which  the  pubUc  have  no  con- 
cern.— Fowler  v.  Lansing,  5  Wend.,  580. 

An  obstacle  placed  in  a  private  road  by  the  owner  of  the  land  over  which  it  is  laid  out,  can 
not  lawfully  be  removed  by  one  having  no  right  to  use  the  road. — Drake  v.  Rogers,  3  Hill, 
604. 

Where  it  appeared  that  a  road  was  from  two  and  a  half  to  three  rods  wide,  that  it  termina- 
ted at  A's  house  without  connecting  ^vith  any  other  road,  that  it  had  never  been  used  by  the 
'  public,  and  the  record  on  file  with  the  town  clerk  described  it  as  a  "  highway  for  A.,  begin- 
ning," &c.,  held,  though  it  also  appeared  that  for  many  years  it  had  been  included  in  a  road 
district,  the  evidence  did  not  authorize  the  court  to  pronounce  it  a  public  highway  as  a  mat- 
ter of  law.  but  the  question  should  at  least  have  been  submitted  to  the  jury.  Setnble.,  that 
this  evidence  showed  the  road  to  be  a  mere  private  one,  intended  for  the  accommodation  of  A. 
—Drake  v.  Rogers,  3  HiU,  604. 

(1)  This  provision  concerning  the  width  of  private  roads  was  contained  in  the  township  act 
of  1S51,  and  is  not  repealed,  but  remains  in  force ;  it  is  therefore  inserted  here  in  its  proper 
order. 

(2)  Where  the  owner  of  the  soil  dug  a  race-way  across  a  road  to  conduct  water  to  his  mill, 
it  was  held  that  he  must  restore  it  to  a  traveling  condition,  and  if  an  injury  occurred,  though 
iie  used  the  utmost  care  to  prevent  it,  he  was  Uable  in  damages ;  that  the  right  of  the  owner 
depended  upon  mere  sufferan'.e ;  whenever  an  injury  occurred,  the  race-way  would  be  ad- 
juu  'P  I  a  nuisance. — Dygert  v.  Schenck,  23  Wend.,,4A6. 


108 


GENERAL  <>ROVISIONS. 


[div.  I. 


that  this  section  shall  not  be  construed  to  extend  to  any  person  who 
shall  lawfully  cut  down  any  tree  for  use,  and  who  shall  immedi- 
ately remove  the  same  out  of  the  road,  nor  to  any  person  through 
whose  land  a  highway  shall  run,  who  shall  dig  a  ditch  or  drain 
across  such  highway,  and  shall  keep  the  same  in  good  repair.' 
Injury  to  §  95.     Any  person  who  shall  purposely  remove  any  plank  or 

meauor.  *  °^'^^'  timber  from  any  bridge  or  causeway  on  any  public  highway,  such 

1861. 


Punishment. 


person  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be 
liable  to  indictment  therefor,  and  punished  by  imprisonment  nor 
exceeding  six  months,  and  shall  also  forfeit  to  the  town  a  sum  not 
less  than  five  dollars,  nor  exceeding  one  hundred  dollars ;  and  any 
Penally  for  defac-pei'soifi  ^'^^  shall  destroy  or  deface  any  gqide-board,  post  or  mile 
ingguiiie-board.  stonc,  on  any  public  highway,  he  shall  forfeit  to  the  town  a  sum  of 
not  less  than  five  dollars  nor  more  tha-i  twenty-five  dollars. 


PROSECUTION   FOR    PENALTIES. 

Manner  of  bring-      §  96.     All  penalties  and  forfeitures  provided  in  and  by  this  act, 
ing  suits  for  re-    -where  tlic  Same  shall  not  exceed  one  hundred  dollars,  may  be  sued 

tovory  01  tines.  t  />  •        •  r     i  'J 

for  and  recovered  before  any  justice  of  the  peace  ot  the  proper 
Justices  have  couuty,  upon  whom  jurisdiction,  in  such  cases,  is  hereby  conferred ; 
jura  ction.  ^^^^  ^||  proceedings  for  the  recovery  of  any  such  penalty  or  forfeit- 
ure shall  be  in  the  name  of  the  town  to  which  the  same  shall  be 
In  name  of  town,  forfeited,  unless  otherwise  provided  by  this  act. 
When  town  fails  §  ^'^'  ^^  ^^^  cases  wherc  a  penalty  or  forfeiture  shall  be  in- 
to commence  curred  by  any  person,  under  the  provisions  of  this  act ;  and  no 
prosecution  for  the  same  shall  be  commenced  by  the  town  to  which 
the  same  shall  be  due,  or  by  the  officer  or  agent  whose  duty  it  is 
to  prosecute  for  the  same,  within  sixty  days  from  the  time  such 
penalty  or  forfeiture  shall  be  incurred,  the  same  may  be  sued  for 
by  any  elector  of  the  town,  in  an  action  qui  tarn,  one-half  of  the 
amount  recovered  to  be  paid  to  the  person  who  shall  sue  therefor, 
and  the  other  half  to  the  town. 


suit,  elector  may 
sue. 

18i31 


• 


ARTICLE  EIGHTEENTH. 


Election  pre- 
cincts. 

Judges  of  elec- 
tion. 

Notices. 


MISCELLANEOUS     PROVISIONS. 

§  1.  Each  town,  acting  under  township  organization,  shall 
constitute  an  election  precinct ;  and  the  supervisor,  assessor  and 
collector  shall  be,  ex  officio,  judges  of  elections.  The  supervisor, 
or  in  case  of  his  absence,  the  town  clerk,  shall  post  up  notices  of 
general  elections,  in  like  manner  as  is  now  required  of  sheriffs  and 
county  clerks  under  the  general  laws  of  this  state,  in  counties  not 
adopting  township  organization.     The  place  of  holding  elections 

(l)On  a  trial  under  an  indictment  for  obstructing  a  highway,  the  questions  whether  the 
road  was  ever  worked  or  recognized  by  the  public  authorities,  or  whether  the  road  was  ever 
used  as  a  pubUc  highway,  are  proper,  and  the  answers  should  be  admitted  in  evidence. 

The  description  of  the  road  in  the  indictment  is  material  and  must  be  proved  as  laid. 

The  deiicription  of  a  road  as  leading  from  A  to  B  is  sufficient.— il&rnvi  v.  People,  23  JUs., 
395 


ART.  18.]  MISCELLANEOUS.  100 

shall  be  at  some  central  and  convenient  place  in  the  town,  to  be  Place  of  holding, 
fixed  by  the  supervisors  or  town  clerk,  as  the  case  may  be.  ^^^^' 

§  2.     The  county  judge,  sitting  as  a  county  court,  without  asso-  Juris(Ucti(m  o. 
ciates,  in  counties  acting  under  township  organization,  shall  have  c^J^of  ueim-'*  "* 
the  same  jurisdiction  of  suits  brought  by  collectors  for  taxes  on  i^*^^^  '^^** 
delinquent  lands  and  town  lots  as  the  county  courts  have  under 
existing  laws ;  and  all  acts  of  county  courts,  heretofore  done  in 
suits  for  taxes  on  delinquent  lands  and  town  lots  are  hereby  le- 
galized. 

§  3.     The  cities  of  Chicago  and  Peoria  shall  be  entitled  to  elect  Special  piovi«ion 
one   supervisor  in  each   ward,  in  addition  to  the  township   super-  orialnrchi^o^ 
visors,  and  the  several  supervisors  so  elected  shall  be  members  of 
the  board  of  supervisors  of  the  county,  and  shall  have,  possess  and 
enjoy  all  the  rights,  powers  and  privileges  that  are  now  or  hereafter  Ward  supems- 
sliall  be  possessed  and  enjoyed  by  the  sevei-al  township  supervisors,  *"*" 
as  members  of  the  board  of  supervisors  of  the  county.     The  elec-  when  elected. 
tion  for  such  supervisor  to  be  held  at  the   same  time  and  in  the 
same  manner  as  the  election  for  township  supervisors  in  the  coun- 
ties  in  which  said  cities  are  situated. 

§  4.  Upon  the  petition  of  fifty  legal  voters  of  any  county  act-  vote  on  abolish- 
ing under  township  organization,  it  shall  be  the  duty  of  the  county  o^f;^^^*'*'^ 
clerk,  upon  the  filing  of  such  petition  with  him,  to  cause  notices 
to  be  posted  up  in  three  of  the  most  public  places  in  each  town  of 
such  county,  at  least  twenty  days  previous  to  the  next  annual  town 
meeting,  that  the  question  of  township  organization,  under  this  act 
will  be  voted  upon.  At  such  meeting  said  vote  shall  be  taken  by 
ballot,  to  be  written*  or  printed,  or  partly  written  and  partly  printed, 
"  for  township  organization,"  or  "  against  townsliip  organization," 
and  shall  be  canvassed  and  returned  in  like  manner  as  votes  for 
state  and  county  officers. 

§  5.     If  it  shall  appear,  by  the  returns  of  said  election,  that  a  Effect  of  vote  t« 
.majority  of  all  the  voters,  voting  at  such  election,  have  voted  a^'J'*"*'*- 
against  township   organization,   then  the  county  so  voting  shall 
cease  to  act  under  such  organization,  from  and  after  the  election 
and  qualitication  of  such  county  officers  as  are  provided  for  in  such 
counties  as  have  never  adopted  township  organization.* 

§  6.     At  the  next  general  election  after  the  voters  of  any  such  Election  of  offi- 
county  have  determined  against  township  organization,  there  shall  ig^^ng  p^vaU^*^" 
be  an  election  for  all  the  officers  required  by  law  in  counties  that 
have  never  adopted  township  organization,  except  such  officers  as 
may  have  been  previously  elected  and  are  entitled  to  hold  over ; 
and  notice  of  such  election  shall  be  given  as  is  now  provided  by       ^ 
law. 

§  7.     That  at  the  first  town  meeting  in  each  town,  under  this  Three  highway 
act,  in  counties  that  have  or  may  hereafter  adopt  township  organi- ^e'Xcted  affir*^ 
zation,  there  shall  be  elected  three  commissioners  of  highways,  one  to^^  meeting. 

(1)  Though  the  constitution  makes  no  provision  for  the  abandonment  of  the  township 
organization  system,  yet  the  legislature  may  provide  for  its  abrogation  by  pursuing  the  same 
course,  and  adopting  the  same  guarantees  to  protect  the  rights  of  aU,  which  the  constitution 
requires  in  the  adoption  of  the  system ;  that  is,  it  should  be  done  at  a  general  election,  aa.i 
bj  a,  majority  of  all  the  voters.— The  people  ex  rel.  t.  Counchman,  15  Ills.,  142. 


1X0  GENERAL  PROVISIONS.  [DIV.  1. 

1861  of  which  shall  hold  his  office  for  one  year,  one  for  two  years,  and 

one  for  three  years.     Said  commissioners   shall  meet  at  the  office 

of  the  town  clerk  at  a  day  and  hour  to  be  fixed  by  said  clerk, 

within  ten  days  after  the  town  meeting,  of  which  he  shall  give  each 

To  draw  lots  for   Commissioner  three  days'  notice,   when  and  where  said  commis- 

terms.  sioncrs  shall  meet  to  determine  their  respective  terms  of  office.' 

§  8.  At  such  time  and  place  the  town  clerk  shall  prepare  three 
Manner  of  draw-  separate  picccs  of  paper,  as  near  alike  as  practicable  ;  on  the  first 
ing  lota.  ^£-  ^jiich  ghall  be  written  the  number  "  one,"  on  the  second  the 

number  "  two,"  and  on  the  third  the  number  "  three"  ;  and  he  shall 
jggj  cause  them  to  be  folded  up  aUke,  as  near  as  practicable,  and  de- 

posited in  a  box ;  and  the  persons   elected  commissioners   shall 
severally  draw  one  of  the  said  pieces  of  paper,  and  the  term  of 
office  of   each  such  commissioner  shall  be  determined  by  such 
teSTined^by  ^  ^  drawing,  and  each  shall  hold  his  office  for  the  number  of  years 
drawing.  corresponding  with  the  number  by  him  drawn. 

Neglect  of  com-       §  9.     If  any  person  elected  a  commissioner  shall  neglect  to  at- 
tend S  dr^r.    *^^*^  ^*  *^^  *^^^  ^^^  place  specified  in  the  preceding  section,  the 
town  clerk  shall  select  some  qualified  elector  of  the  town  to  draw 
1861.  for  said  commissioner,  in  the  manner  prescribed  in  the  preceding 

section ;  and  the  number  drawn  by  such  elector  shall  be  a  lawful 
determination  of  the  term  of  office  of  said  commissioner. 
Prior  .aws  in  con-      §  10.     All  laws  and  parts  of  laws  in  conflict  with  the  provisions 
liict  repealed,      ^f  j^j^jg  ^^^^  g^Pg  hereby  repealed,  saving  and  excepting  laws  of  a 
local  or  private  nature  ;  and  nothing  herein  contained  shall  be  con- 
•  o  el  tive    ^^™6*1  ^^  repealing  an  act  entitled  "  an  act  to  change  the  time  of 
to  Cook  county,   holding  town  meetings  in  the  county  of  Cook,"»approved  February 
1861.  24th,  1859,  or  an  act  entitled  "an  act  to  amend  an  act  entitled  an 

act  to  provide  for  township  organization,"  approved  February  21st, 
1859,  which  applies  to  Cook  county  only. 
When  act  to  take     §  H.     This  act  shall  take  effect  on  the  first  day  of  April  next, 
effect.  j^^  J)   1861,  and  shall  be  in  force  on  and  after  that  day.  • 

Proviso  reianve  Nothing  in  tliis  act  contained  shall  prevent  the  towns  of  East 
and  West  Galena  from  electing  an  assistant  supei-visor  in  each  of 
said  towns,  in  addition  to  the  town  supervisor ;  but  said  towns  of 
East  and  West  Galena  are  each  empowered  to  elect  an  assistant 
supervisor,  so  as  to  make  two  supervisors  in  each  of  said  towns,  in 
addition  to  the  ward  supervisors  of  the  city  of  Galena,  allowed  by 
law. 

Approved,  February  20th,  1861. 

\1)  Note. — Should  the  town  clerk  fail  to  give  notice  for  the  meeting  of  the  commissioners 
of  highways,  or  the  commissioners  fail  to  meet  as  here  provided,  they  can  meet  at  any  other 
d»te  after  the  expixatioa  of  the  ten  days,  and  decide  their  term  of  ofSce  by  lot. 


to  Galena- 
18G1 


DIV.   2.]  ELECTIONS.  Ill 

DIVISION    II. 

ELECTIONS.* 


v^^From  Chapter  37  of  the  Revised  Statutes.) 

Section  1.     (Repealed.) 

Sec.  2.     The  clerks  of  the  several  county  commissioners'  courts,  Abstract  of  votes 
shall,  within  eight  days  next  after  holding  an  election  for  electors  [ran'smitted  to  *"" 
as  is  provided  for  in  this  chapter,  make  three  copies  of  the  abstract  ^^o  goveruor. 
of  votes  for  electors,  and  transmit  by  mail  one  of  said  copies  to  the 
governor  or  person  administering  the  government,  another  to  the 
office  of  the  secretary  of  state,  and  retain  the  third  in  his  office,  to 
be  sent  for  by  the  governor,  in  case  both  the  others  should  be  mis- 
laid.    Within  twenty  days  after  the  holding  of  such  election,  and  Governor,  vnth 

•'  -^  °  '  other  state  otU- 


sooner  if  all  the  returns  are  received  by  either  the  governor  or  cers  to  canvass 

returns  and  de 
'  clare  the  result. 


person  administering  the  govsrnment,  or  by  the  secretary  of  state,  r*'*"'""^  ™'i  '^'-'■ 


the  secretary  of  state,  auditor  of  public  accounts  and  treasurer,  or 
any  two  of  them,  shall,  in  the  presence  of  the  governor  or  person 
administering  the  government,  proceed  to  open  and  canvass  said 
election  returns,  and  to  declare  the  persons  having  the  highest 
number  of  votes  elected ;  but  should  any  two  or  more  persons  be 
returned  with  an  equal  and  the  highest  vote,  the  said  secretary  of 
state  shall  cause  a  notice  of  the  same  to  be  published  in  the  paper 
printed  by  the  public  printer,  which  notice  shall  name  some  day 
and  place,  not  less  than  five  days  from  the  time  of  the  publication 
of  such  notice,  upon  which  the  said  secretary,  auditor  and  treas- 
urei',  will  decide  by  lot  which  of  said  persons  so  equal  and  highest  cided° 
are  elected ;  and  upon  the  day  and  at  the  place  so  appointed  in 
said  notice,  the  said  secretary,  auditor  and  treasurer,  or  any  two  of 
them,  shall,  in  the  presence  of  the  governor  or  person  administer- 
ing the  government,  decide  by  lot  which  of  the  persons  so  equal 
and  highest  shall  be  elected. 

Sec.  3.     The  governor  or  person  administering  the  government,  Governor  to 
shall  cause  the  result  of  the  said  election  to  be  published  in  the  puMshed!^' '° '^ 
paper  printed  by  the  pubUc  printer,  and  shall  transmit  by  mail  to 
the  persons  elected,  certificates  of  their  election. 

Sec.  4.     The  electors  chosen  as  aforesaid,  shall  meet  at  the  seat  Electors  to  meet 
of  government  of  this  state,  at  the  time  appointed  by  the  laws  of  ^°t^g^^*^  ^^™ 
the  United  States,  and  give  their  votes  in  the  manner  therein  pro- 
vided, and  perform  such  duties  as  are  or  may  be  required  by  law. 
"Each  elector  shall  receive  for  every  twenty  miles  necessary  travel 
in  going  to  the  seat  of  government  to  give  his  vote,  and  in  return-  Compensation  of 
ing  to  his  residence,  to  be  computed  by  the  most  usual  route,  the  *^**='''"- 
sum  of  three  dollars,  to  be  paid  on  the  warrant  of  the  auditor,  out 
of  any  money  in  the  treasury  not  otherwise  appropriated. 

♦See  Beglstry  L*w,  Appendix,  p.  266. 


112  ELECTIONS.  r^IV.  2. 


Vacancy  in  eiec-  Sec.  5.  In  case  any  person,  declared  duly  elected  an  elector  of 
huw  rmed^*''*'  president  and  vice  president  of  the  United  States,  shall  fail  to 
attend  at  the  state  house,  at  the  seat  of  government  of  this  state, 
at  or  before  the  hour  of  twelve  o'clock  at  noon,  of  the  day  on 
which  his  vote  is  required  to  be  given,  it  shall  be  the  duty  of  the 
elector  or  electors  of  president  and  vice  president,  attending  at  that 
time  and  place,  to  appoint  a  person  or  persons  to  fill  such  vacancy : 
ProTiso.  Provided,  That  should  the  person  or  persons,  chosen  by  the  people 

as  aforesaid,  arrive  at  the  place  aforesaid,  before  the  votes  for  presi- 
ident  and  vice  president  are  actually  given,  the  person  or  persons 
appointed  to  fill  such  vacancy,  shall  not  act  as  elector  of  president 
and  vice  president. 
Sec.  6.     (Repealed.) 
Election  pre-  Sec.  7.     The  county  commissioners'  courts  of  the  several  coun- 

ciu<!ts,  how  fonn-  ties  in  this  state,  are  hereby  authorized  to  divide  their  respective 
counties  into  as  many  election  precincts,  for  all  general  and  special 
elections,  as  they  may  think  expedient  for  the  convenience  of  the 
voters  of  said  county,  and  to  appoint  as  many  sets  of  judges  of 
elections,  to  receive  votes  at  the  county  seats,  a  they  may  think 
necessary ;  and  shall  designate  the  house  or  placu  in  each  precinct, 
and  in  the  precinct  including  the  county  seat,  the  house  or  houses, 
place  or  places,  at  which  elections  are  to  be  holclen  ;  and  the  pre- 
cincts and  places  of  holding  elections,  so  established,  shall  so  remain 
until  changed  by  the  county  commissioners'  court :  and  all  general 
and  special  elections  shall  be  held  at  the  places  so  designated,  until 
changed  as  aforesaid :  Provided,  always,  That  it  shall  be  the  duty 
of  the  county  commissioners'  court  at  any  time,  to  change  any  place 
of  holding  elections,  upon  a  petition  of  a  majority  of  voters  residing 
within  the  precinct. 
ji:dges  of  eiec-  Sec.  8.  The  Said  county  commissioners'  courts  shall,  respect- 
poiuted.'^  ^^  i'^'sly,  at  the  last  stated  term  preceding  any  election,  appoint  three 
capable  and  discreet  persons,  possessing  the  qualifications  of  elec- 
tors, to  act  as  judges  of  the  election  in  each  election  precinct ;  and 
the  clerk  of  the  said  court  shall  make  out  and  deliver  to  the  sheiiff 
of  the  county,  immediately  after  the  appointment  of  said  judges,  a 
notice  thereof  in  writing,  directed  to  the  judges  so  appointed ;  and 
it  shall  be  the  duty  of  the  said  sheriff,  within  twenty  days  after 
the  receipt  of  said  notice,  to  serve  said  notice  upon  each  of  the 
said  judges  of  election. 
Judges  of  eicc-  Sec.  9.  The  said  judges  of  the  election  shall  choose  two  per- 
ciCTks!  ^^^'"""^  sons,  having  similar  qualifications  with  themselves,  to  act  as  clerks 
of  the  election.  The  said  judges  of  the  election  shall  be  and  con- 
tinue judges  of  all  elections  of  civil  officers  to  be  held  within  their 
precinct,  until  other  judges  shall  be  appointed  as  hereinbefore 
directed ;  and  the  said  clei'ks  of  election  may  continue  to  act  as 
such  during  the  pleasure  of  the  judges  of  the  election.  And  the 
county  commissioners'  courts  shall,  from  time  to  time,  fill  all  vacan- 
cies which  may  take  place  in  the  office  of  judge  of  tlie  election,  in 
any  election  precinct  within  their  respective  counties. 
Notiee  of  election      Sec.  10.     The  clerks  of  the  several  county  commissionex's' courts 

to  be  given.  * 


DIV.  2.]  ELECTIONS.  1X3 

shall,  at  least  thirty  days  previous  to  any  general  election,  and  at 
least  twenty  days  previous  to  any  special  election,  make  out  and 
deliver  to  the  sheriff  of  his  county,  three  written  notices  thereof 
for  each  precinct,  said  notices  to  be,  as  nearly  as  circumstances 
will  admit,  as  follows,  to  wit : 

"  Notice  is  hereby  given,  that  on  Monday,  the       day  of  ,  next,  at  Form  of  notice 

the  house  of  in  precinct,  in  the  county  of  ,  an  election  will  be 

held  for  governor,  one  lieutenant  governor,  one  representative  to  the  con- 
gress of  the  United  States,  one  senator,  three  representatives  in  the  general 
assembly  of  this  state,  one  sheriff,  one  coroner,  three  countj^  commissioners, 
kc,  (as  the  case  may  require,)  which  election  will  be  opened  at  eight  o'clock 
in  the  morning,  and  will  continue  open  until  six  o'clock  in  the  afternoon  of 
the  same  day.     Dated  at  ,  this        day  of  ,  in  the  year  of  our  Lord 

one  thousand  eight  hundred  and  A.  B., 

clerk  of  the  county  commissioners'  court  of  county." 

And  the  said  sheriff  to  whom  such  notices  shall  be  delivered  as 
aforesaid,  shall  post  up  in  three  of  the  most  public  places  in  each 
precinct,  the  three  notices  referring  to  such  precinct,  at  least  fifteen 
days  befoz'e  the  time  of  holding  any  general  election,  and'  at  least 
eight  days  before  the  time  of  holding  any  special  election. 

Sec.  11.     If  any  person   appointed  to  act  as   a  judge  of  the  Vacancy  in  office 
election  as  aforesaid,  shall  neglect  or  refuse  to  be  sworn  or  affirmed  ^on  how  miJa*'* 
to  act  in  such  capacity,  the  place  of  such  person  shall  be  filled 
by  any  justice  of  the   peace,   residing  within  the  precinct,  to  be 
nominated  by  the  other  judge  or  judges  of  the  election ;  and  if 
there  be  no  other  justice  present  to  act  as  judge,  the  other  judge  ' 
or  judges  of  the  election  shall  nominate  one  or  more   capable  and 
discreet  elector  or  electors,  residing  within  the  precinct,  to  fill  such 
vacancy  or  vacancies ;  and  if  there  be  no  judge  of  the  election 
present  to  fill  such  vacancy  or  vacancies  by  nomination,  then  such 
vacancy  or  vacancies  shall  be  filled  by  the  votes  of  such  qualified 
electors,   residing   witliin   the  precinct,  as  may  then  be  present  at 
the  place  of  election  ;  and  the  justice  or  justices,  person  or  persons, 
so  elected  or  nominated  to  fill  such  vacancy  or  vacancies,  shall  be, 
and  aa'e  hereby  vested  with  the  same  power  as  if  appointed  by 
the  county  commissioners'  court. 

Sec.  12.     Previous  to  any  votes  being  taken,  the  judges  and-Tudgesanddeeks 
clerks  of  the  election  shall  severally  take   an  oath  or  affirmation,  *** '"'  ^'^°'^' 
iji  the  following  form,  to  wit : 

"  I,  A.  B.,  do  solemnly  swear,  (or  affirm,  as  the  case  may  be,)  that  I  will 
perform  the  duties  of  judge,  (or  clerk,  as  the  case  may  be,)  according  to  law 
and  the  best  of  my  ability ;  that  I  will  studiously  endeavor  to  prevent  fraud, 
deceit  and  abuse,  in  conducting  the  same." 

Sec.  13.     In  case  there  shall  be  no  judge  or  justice  of  the  Judges  may  ad- 
peace  present  at  the  opening  of  the  election,  or  in  case  such  judge  ^u  o'theT"'*  ** 
or  justice  shall  be  appointed  a  judge  or  clerk  of  the  election,  it 
shall  be  lawful  for  the  judges  of  the  election,  and  they  are  hereby 
empowered  to  administer  the   oaths  or  affirmations  to  each  other, 
and  to  the   clerks  of  the   election  ;  and  the  person  administering 
such  oaths  or  affirmations,  shall  cause  an  entry  thereof  to  be  made 
and  subscribed  by  him,  and  prefixed  to  the  poll-books. 
8 


114  ELECTIONS.  [dIV.  2. 

I'oUs  when  open-      Sec.  14.     At  all  elections  to  be  held  under  this  chapter,  the 
ed  and  closed,      p^jjg  ^^^^  ^^  Opened  at  the  hour  of  eight  in  the  morning,  and  con- 
tinue open  until  six   o'clock  in  the  afternoon  of  the  same  day,  at 
Proviso.  which  time  the  polls  shall  be  closed :  Provided,  however.  That  if  no 

judge  shall  attend  at  the  hour  of  eight  in  the  morning,  and  it  shall 
be  necessary  for  the  electors  present  to  appoint  judges  to  conduct 
the  election,  as  hereinbefore  prescribed,  the  election  may,  in  that 
case,  commence  at  any  hour  before  the  time  for  closing  the  polls 
shall  arrive,  as  the  case  may  require :  And,  provided  also,  That  the 
judges  of  the  election  may,  if  they  shall  deem  it  necessary,  for  the 
purpose  of  receiving  the  votes  of  all  the  electoi"S  wishing  to  A^ote, 
poUs  may  be  kept  postpone  the  closing  of  the  poUs  until  twelve   o'clock  at  night- 
open  ongti.        ^^^^1  upon  opening  the  polls,  one  of  the  clerks,  under  the  direction 
of  the  judges,  shall  make  proclamation  of  the  same,   and  thirty 
minutes  before  the  closing  of  the  polls,  proclamation  shall  be  mad© 
in  like  manner,  that  the  polls  wiU  be  closed  in  half  an  hour. 
Sec.  15.     (Repealed.) 
Sec.  16.     (Repealed.) 
Penalty  for  TO-        Sec.  17.     If  any  clcctor  shall  vote  more  than  once  at  any  elec* 
on«!."^°'''  *  ™    tion  held  under  the  authority  of  tliis  chapter,  he  shall  be  fined,  in 
the  sum  of  one  hundred  dollai'S,  to  be  recovered  by  indictment 
before  any  court  of  competent  jurisdiction  ;  and  the  whole  of  such 
fine  shall  be  appropriated  to  the  use  of  the  county  in  which  th» 
offence  may  have  been  committed. 
Sec.  18.     (Repealed.) 
After  oath,  rote        Sec.  19.     If  any  pcrson  so  oifering  his  vote   at   such  election, 
imie*ss^pruTed  to  '^^^^^^  ^^^c  such  oath  or  affirmation,  or  shall  oflPer  to  take  such  oath 
be  fiUse.  or  affirmation,  as  prescribed  in  the  preceding  section,  his  vote  shall 

be  received,  unless  it  shall  be  proved  by  evidence  satisfactory  tp  a 
majority  of  the  judges  that  such  oath  or  affirmation  is  false ;  and 
if  such  person  shall  refuse  to  take  such  oath  or  affirmation,  his 
vote  shall  be  rejected ;  and  if  any  person  shall  take  the  oath  or 
affirmation  as  is  before  named,  knowing  such  oath  or  affirmation  to 
be  false,  he  shall  be  deemed  guilty  of  wilful  and  corrupt  perjuiy 
and  punished  accordingly. 
Penalty  for  to-  Sec.  20.  If  any  person  shall  vote  at  any  election,  who  is  not  a 
qualified.  qualified  voter,  he  shall  forfeit  and  pay  any  sum   not  exceeding 

fifty  dollars,  nor  less  than  twenty-five,  to  be  recovered  in  the  same 
manner  as  other  penalties  under  this  chapter. 
Constahies  toat-      Sec.  21.     For  the  preservation  of  order,  as  wcll  as  the  Security 
©rder^'^'^  ^'^'^^     ^^  the  judges  and  clerks  of  the  election  from  insult  and  abuse,  it 
shall  be  the  duty  of  any  constable  or  constables  residing  within  the 
precinct,  who  shall  be  designated  for  the  purpose,  by  the  judges  of 
Judges  may  ap-    the  election,  to  attend  at  all  elections  within  such  precinct;  and 
ind  im°ros*e''fines  ^hould  uo  Constable  attend  at  such  election,  the  judges  of  election 
for  disorderly      are  hereby  authorized  and   empowered  to   appoint  one  or  more 
''^  ^^ '  special  constables  to  assist  in  preserving  order  during  the  election  ; 

and  the  judges  are  hereby  empowered  to  impose  a  fine,  not  exceed- 
ing twenty  dollars,  on  any  person  or  persons  who  shall  conduct  in 
a  disorderly  and  riotous  manner,  and  persi&t  in  such  conduct  iifler 


DIV.  2.]  ELECTIONS.  115 

having  been  warned  of  its  consequences  ;  and  on  refusal  to  pay  the 
same,  to  commit  him  or  them  to  the  common  jail  of  the  county,  for 
any  time,  not  exceeding  twenty  days,  or  until  the  fine  shall  be  paid  ; 
and  the  constable  to  whom  the  order  shall  be  directed,  and  the 
jailer  of  the  county,  are  hereby  required  to  execute  such  order, 
and  receive  such  person  or  persons  so  committed,  as  though  it  had 
been  issued  or  delivered  by  a  magistrate  in  due  form  of  law. 

Sec.  22,     The   county    commissioners'   court   in   each  county,  pommissioncrs' 
may,  if  necessary,  appoint  some  constable  to  attend  each  precinct,  "ourt  may  ap- 
and  preserve  order  during  said    election;  and  the  said  constable ^°'°  (onsta 
shall  have  authority  to  call  to  his  aid  a  sufficient  number  of  citizens 
to  suppress  any  riot  or  other   disorderly  conduct  during  said  elec- 
tion, and  there  shall  be   paid  to  said   constable  out  of  the  county 
treasury,  a  sum  not  exceeding  one  dollar  a  day  for  said  services. 

Sec.  23.  When  the  votes  shall  have  been  examined  and  cierka  to  make 
counted,  the  clerks  shall  set  down  in  their  poll  books,  the  name  of  »t*stract  of  votes, 
every  person  voted  for,  written  at  full  length,  the  office  for  which 
such  person  received  such  vote  or  votes,  and  the  number  he  did 
receive,  the  number  being  expressed  in  words  at  full  length ;  such 
entry  to  be  made  as  nearly  as  circumstances  will  admit,  in  the  fol- 
lowing form,  to  wit : 

"At  an  election  held  at  the  house  of        in         precinct,  in  the  county  of 
and  State  of  Illinois,  on  the  day  of  in  the  year  of  our  Lord 

one  thousand  eight  hundred  and  ,  the  following  named  persons  received 

the  number  of  votes  annexed  to  their  respective  names,  for  the  following 
described  offices,  to  wit: 
A  B  had  fifty-three  votes  for  Governor. 
C  D  had  fifty-one  votes  for  Governor. 
E  F  had  sixty-two  votes  for  Lieutenant  Governor. 
G  H  had  sixty  votes  for  Lieutenant  Governor. 
I^K  had  eighty  votes  for  representative  in  Congress. 

L  M  had  seventy-three  votes  for  senator.  * 

N  0  had  sixty-five  votes  for  representative. 
P  Q  had  fifty-nine  votes  for  representative. 
R  S  had  fifty-seven  votes  for  sherijaf. 
T  XJ  had  twenty-two  votes  for  coroner. 
V  W  had  thirty  votes  for  county  commissioner, 
(and  in  the  same  manner  for  any  other  pei'sons  or  officers,  voted  for.) 
"  Certified  by  us, 

AB, 

C  D,    ^  Judges  of  the  election. 

E  F. 


Attest:  GH, 


I    j',!" 


Clerks  of  the  election." 


Sec.  24.     (Repealed.) 

Sec.  25.     On  the  seventh  day  after  the  close  of  the  election,  or  county  cierk 
sooner,  if  all  the  returns  be  received,  the  clerk  of  the  county  com-  ^^^°  '°  °p*° 

.  ,  1.  ,.  .  ..  n    t  returns. 

missioners  court,  taknig  to  ms  assistance  two  justices  of  the  peace 

of  his  county,  shall  proceed  to  open  the  said  returns,  and  make 

abstracts  of  the  votes  in  the  following  manner :  the  abstract  of  the 

votes  for  Governor  and  Lieutenant  Governor  shall  be  on  one  sheet, 

and  the  abstract  of  votes  for  representatives  to  Congress  shall  be  ^^*°°*'  ^^'^^' 

on  another  sheet,  and  the  abstract  of  votes  for  senator  and  repre-  ^^^ 


116  ELECTIONS.  [dIV.  2. 

sentatives  to  the  General  Assembly  shall  be  on  another  sheet,  an  1 
the  abstract  of  votes  for  county  otficers  shall  be  on  another  sheet  j 
or  if  the  election  shall  have  been  holden  for  Presidential  electors^, 
Clerk  to  give  ccr-  the  abstract  of  votes   shall  be   on  one  sheet ;  and  it  shall  be  the 
tion*'^  "*^'*^''      duty  of  the  said  clerk  of  the  county  commissioners'  court,  immedi- 
ately to  make  out  a  certificate  of  election  to  each  of  the  persons 
having  the  highest  number  of  votes  for  senator  and  representatives 
to  the  General  Assembly  and  county  officers,  respectively,  and  to 
deliver  such  certificate  to  the  person  entitled  to  it,  on  his  making 
application  for  that  purpose  to  the  clerk  at  his  office. 
Where  two  or  Sec.  26.     But  Avhcrc  two  or  more  counties  are  united  in  one 

M-°TnonTdie-     Senatorial  or  representative  district,  the  clerk  of  the  county  com- 
"trict,  Totes  to  be  missioncrs'  court  of  the  county  last  established,  shall,  within  twelve 
io"cpvmt*y!°  ^*°  ^^js  after  the  day  of  the  election,  attend  at  the  office  of  the  clerk  of 
the  county  commissioners'  court  of  the  senior  county,  and  there,  in 
conjunction  with  the  clerk  or  clerks  of  the  senior  county  or  counties, 
shall  compare  the  votes  given  in  the  several   counties  composing 
CertificfttPR of      such  senatorial  or  representative  district;  and  said  clerks  shall  im- 
eiection  given,     mediately  make  out  a  certificate  of  the  election  of  the  person  or 
persons  having  the  highest   number  of  votes   in  such  counties  for 
senator  or  representative  to  the  General  Assembly :  which  certifi- 
cate shall  be  delivered  to  the  person  entitled  to  it,  on  his  application 
to  the  clerk  of  the  county  commissioners'  court  of  the  senior  county, 
at  his  office ;  and  it  shall  be  the  duty  of  the  county  commissioners' 
•    court  of  the  county  where  the  polls  are  so  compared,  to  compute 
the  number  of  miles  each   clerk   or   other  person  shall   travel  in 
going  and  returning  from  the  county  where  he  is  so  appointed,  to 
Kxpense  of  can-  the  placc  of  comparing  the  polls  ;  and  it  shall  be  the  duty  of  the 
vass,  how  paid     cgunty  commissioners'  court,  where  the  polls  are  so  compared,  to 
make  an  allowance  to  said   clerks  or  other  persons  who  may  take 
the  vote  of  each  county  aforesaid,  a  compensation,  not  exceeding 
six  cents  per  mile,  going  to  and  returning  from  said  place  of  com- 
paring, to  be  paid  equally  out  of  the  county  treasuries  of  the 
respective  counties  in  which   said  clerk  or  other  person  may  be 
appointed  ;  and  it  shall  be  the  further  duty  of  the  county  commis- 
sioners' courts  when  the  polls  are  so  compared,  to  make  an  esti- 
mate of  all  the  expense  so  incurred   by  the  counties  respectively 
votijig  together,  and  divide  the  same  among  said  counties  so  voting, 
respectively,  and  shall   give  to  each  clerk  or  other  person  a  certi- 
fied statement  of  the  same,  under  the  seal  of  said  coui-t ;  and  it 
shall  be  the  duty  of  the  county  commissioners'  court  of  the  county 
where  said  clerk  or  other  person  shall  be  appointed,  on  the  produc- 
tion of  said  certified  statement,  to  pay  to  said  clerk  or  other  per- 
son the  amount  which  appears  to  be  due  him  out  of  the  county 
treasury. 
Compensation  of      Sec.  27.     It  shall  be  the  duty  of  the  clerk  of  the  county  com- 
of  efecfions,  how  "^i'^sioners'  court  in   each  county,  on  the  receipt  of  the  election 
allowed  and  paid,  rctums  of  any  general  or  special  election,  to  make  out  his  certifi- 
cate, stating  therein  the  compensation  to  which  the  judges  and 
clerks  of  each  election  may  be  entitled  for  their  services,  and  lay 


DIV.  2.]  ELECTIONS.  Ill 

the  same  before  the  next  commissioners'  court  of  the  county ;  and 
the  said  court  shall  order  the  compensation  aforesaid  to  be  paid  out 
of  the  county  treasury. 

Sec.  28.     If  the  requisite  number  of  senators  or  representa-  Tie  vote  between 
tives,  or  county  officers,  shall  not  be  elected  by  reason  of  any  two  decWed.'*'^'  ^^'^ 
or  more  persons  having  an  equal  and   the  highest  number  of  votes 
for  one  and  the  same  office,  the  clerk  or  clerks  whose  duty  it  is  to 
compai-e  the  polls,  shall  give  notice  to  the  several  persons  so  having 
the  highest  and  an  equal  number  of  votes,  to  attend  at  the  office  of 
the  proper  clerk,  at   a  time  to  be  appointed  by  the  said  clerk  or 
clerks,  who  shall  then  and  there  proceed  publicly,  to  decide  by  lot, 
which  of  the  persons  so  having  an  equal  number  of  votes  shall  b> 
declared  duly  elected ;  and  the  said  clerk  or  clerks  shall  make  ou 
and  deliver  to  the  person   thus  declared  duly  elected,  a  certificate 
of  his  election  as  herein  before  provided. 

Sec  29.     The  clerk  of  the  county  commissioners'  court,  imme- cierk  to  make 
diately  after  making  out  abstracts  of  votes   given   in  his  county,  and^trM^^iiu! by* 
shall  make  a  copy  of  each  of  said  abstracts,  and   transmit  it  by  muii  to  secxeiiny 
mail  to  the  office  of  the  secretary  of  State  ;  the  abstract  of  votes 
for  Governor  and   Lieutenant  Governor  being  addressed   to  the 
speaker   of  the  house  of  representatives,  and  inclosed  with  the 
other  abstracts  to  the  secretary's  office  as  aforesaid  ;  and  it  shall  be 
the  duty  of  the  secretary  of  State,  at  the  opening  of  the  succeeding 
session  of  the  General  Assembly,  to  deliver  all  such  abstracts  of 
votes  for  Governor  and  Lieutenant  Governor,  or  for  either  of  them, 
to  the  speaker  of  the  house  of  representatives. 

Sec.  30.     The  seci-etary  of  State,  auditor,  treasurer  and  attor- Votes  for  con- 
ney  general,  or  any  two  of  them,  in  the  presence  of  the  Governor,  f^ggc,!  ""  '^'^^' 
shall  proceed,  within  fifty  days  after  the  election,  and  sooner  if  all 
the  returns  be  received,  tojsanvass  the  votes  given  for  representa- 
tives to  Congress ;  and  the  Governor   shall  grant  a  certificate  of 
election  to  the  person  or  persons  having  the  highest  number  of 
votes,  and  shall  also  issue  a  proclamation,  declaring  the  election  of 
such  per-  on  or  persons.     In  case  there  shall  be  no  choice,  by  reason  Tie  vote  how  ae- 
of  any  two  or  more  persons  having  an  equal  number  of  votes,  the 
election  shall  be  determined  by  lot,  under  the  direction  of  the  Gov- 
ernor, in  the  manner  prescribed  in  the  twenty-eighth  section   of 
this  chapter. 

Sec.  31.     If  the  returns  of  the  election  of  any  county  in  this  Where  returns 
State,  shall  not  be  received  at  the  office  of  the  secretary  of  State,  ty^S  messln- 
within  thirty  days  after  the  day  of  election,  the  said  secretary  shall  gw  to  i^e  sent. 
forthwith  send  a  messenger  to  the  clerk  of  the  county  commission-  ' 

ers'  court  of  such  county,  who>e  duty  it  shall  be  to  fumis.i  the  said 
me>^s  nger  with  a  copy  of  such  return^ ;  and  the  said  messenger 
shall  be  paid  out  of  the  State  trea.-ury  the  sum  of  ten  cents  for 
each  mile  he  shall  necessarily  travel  in  going  to,  and  returning 
from  the  office  of  the  said  cl?rk. 

Sec.  32.     When  any  vacancy  shall  happen  m  the  office  of  sen- J''^°^y^j.'»^_.°^^': 
ator  or  representative  to  the  General  Assembly,  by  death,  removal  resentative  how 
or  otherwise,  it  shall  be  the  duty  of  the  clerk  of  the  county  com-  ^*"^' 


118  ELECTIONS.  [DIV.  2. 

missioners'  court  of  the  county,  if  one  county  only  compose  the 
senatorial  or  representative  district,  as  soon  as  he  shall  have  been 
informed  thereof,  to  notify  the  Governor  of  such  vacancy,  and  if 
there  be  more  than  one  county  comprised  within  the  limits  of  such 
senatorial  or  representative  district,  it  shall  be  the  duty  of  the  clerk 
of  the  comity  commissioners'  court  of  the  senior  county  in  such 
district,  so  to  notify  the  Governor,  and  the  Governor  shall  issue  a 
writ  of  election,  directed  to  the  shei'ifF  of  the  county  in  which  such 
vacancy  shall  happen,  commanding  him  to  notify  the  several  judges 
of  election  in  his  county,  to  hold  a  special  election  to  fill  such  va- 
cancy or  vacancies,  at  a  time  to  be  appointed  by  the  Governor : 
ProTiso.  Provided,  That  if  there  is  to  be  no  session  of  the  General  Assembly 

between  the  happening  of  such  vacancy  and  the  time  of  the  gene- 
ral election,  it  shall  not  be  necessary  to  order  a  special  election  to 
fill  such  vacancy. 
When  short  no-       Sec.  33.     Elections  to  fill  vacancies  in  either  branch  of  the 
tice  may  be  ijiv-   general  assembly,  occurring  during  the  sessions  of  the  legislature, 
may  be  held  on  such  notice,  not  less  than  five  nor  more  than  twenty 
days,  as  the  Governor  may  du'ect  in  the  writ  of  election  issued  to 
fill  such  vacancy. 
Vacancy  in  office       Sec.  34.     If  any  vacancy  shall  happen  in  the  office  of  Governor 
tilifd J*™**"^  "^"^  by  death,  resignation,  removal  from  office,  or  refusal  by  the  Gov- 
ernor elect  to  take  the  requisite  oath  of  office,  it  shall  be  the  duty 
of  the  secretary  of  State  to  notify  the  clerks  of  the  county  commis- 
sioners' courts  of  the  several  counties  in  this  State,  that  at  the  next 
succeeding  genei-al  election  of  members  of  the  General  Assembly, 
or  electors  of  President  and  Vice  President,  (as  the  case  may  be,) 
rroviso.  an  election  will  be  held  to  fill  such  vacancy :  Provided,  however, 

That  the  secretary  shall  not  give  such  notice,  nor  shall  such  special 
election  of  Governor  take  place  unless  the  vacancy  shall  have  hap- 
pened at  least  forty  days  prcAnous  to  such  general  election  for 
members  of  the  General  Assembly,  or  of  electors  of  President  and 
Vice  President  of  the  United  States,  nor  unless  a  regular  session  of 
the  General  Assembly  shall  intervene  between  the  time  when  such 
vacancy  shall  have  happened  and  the  succeeding  quadi-ennial  elec- 
tion of  Governor. 
Vacancy  in  office       Sec.  35.     When  any  vacancy  shall  happen  in  the  office  of  sheriff 
ner^how  liSed™"  '^^  coroner,  either  by  death,  resignation  or  otherwise,  the  clerk  of 
the  county  commissioners'  court  in  which  such  vacancy  shall  hap- 
pen, shall  immediately  notify  the  Governor  of  such  vacancy ;  and 
it  shall  be  the  duty  of  the  Governor  to  issue  a  writ  of  election,  and 
direct  the  time  when  such  election  shall  be  held,  the  said  writ  to 
be  directed  to  the  said  clerk. 
Vacancy  in  con-       Sec.  36.     When  any  vacancy  shall  happen  in  the  office  of  rep- 
ge^smanhow     rgsentativc  to  Congress  from  this  State,  it  shall  be  the  duty  of  the 
Governor  to  issue  his  proclamation,  appointing  a  day  to  hold  a 
special  election  to  fill  such  vacancy. 
Penalty  for  mai-       Sec.  37.     K  any  judge  of  the   election,  or  clerk,  or  any  other 
*"  °  ""°"'^"  ^^  officer  or  person  in  any  manner  concerned  in  conducting  the  elec- 


teusance  i 


DIV.  2.]  ELECTIONS.  119 

tion,  shall  willluUy  neglect,  improperly  delay  or  refuse  to  perform  or  clerk  of  eiec- 
any  of  the  duties  required  by  tliis  chapter,  after  having  undertaken  """^ 
to  perform  such  duties,  he  shall  forfeit  and  pay  to  the  State  the 
sum  of  forty  dollars ;  and  if  any  such  judge  of  the  election,  clerk 
or  other  officer  or  person,  in  anywise  conceraed  in  conducting  the 
election,  shall  knowingly  admit  any  person  to  vote,  not  qualified 
according  to  law,  or  shall  knowingly  receive  and  count  more  than 
one  vote  from  one  person,  at  the  same  election  for  one  office,  or 
shall  be  guilty  of  fraud,  corruption  or  partiality,  or  manifest  mis- 
behavior, in  any  matter  or  thing  relating  to  said  election,  each  and 
every  person  so  offending  shall  forfeit  and  pay  to  the  county  the 
sum  of  one  hundred  dollars,  to  be  recovered  in  any  court  of  record 
in  the  State,  in  the   name  of  the  State  for  the  use  of  the  county, 
in  an  action  of  debt,  with  costs  of  suit,  or  at  the  suit  of  any  person  penalty  how  »■ 
who  may  sue  for  the  same,  one-half  for  the  use  of  the  person  sueing  covered. 
and  the  other  half  for  the  use  of  the  county ;  and  every  such  per- 
son  so  ofifending  as  aforesaid,  shall  moreover,  on  conviction,  be 
rendered  incapable  of  holding  any  office  within  this  State  for  the 
term  of  ten  years  thereafter. 

Sec.  38.     Nothing  in  tliis  chapter  shall  be  so  construed,  as  to  when  judge  not 
prevent  the  judges  of  election  from  refusing  to  receive  the  vote  of^'*'''®'°  penalty, 
any  person  when  it  shall  be  proved  to  the  satisfaction  of  a  majority 
of  them,  that  in  taking  the  said  oath  he  shall  have  sworn  falsely. 
And  if  any  judge  of  election  shall  order  to  be  received  the  vote  of 
any  person  who,  being  challenged,  shall  not  take  the  oath  or  affirm-  p^^^j^^  ^^^  ^^_ 
ation  prescribed  by  law,  such  judge  of  election,  so  offending,  shall  ceivingvotewhtru 
forfeit  and  pay  the  sum  of  fifty  dollars,  to  be  recovered  by  action  ciiaiienged. 
of  debt,  in  the  name  of  the  State,  or  of  any  person  sueing  therefor, 
the  one-half  of  said  fine  for  the  use  of  the  county,  and  the  other 
half  for  the  use  of  the  person  sueing. 

Sf.c.  39.     (Repealed.) 

SiiC.  40.  If  the  clerk  of  the  county  commissioners'  court  shall  penalty  where 
neglect  or  refuse  to  perfomi  the  duties  as  pointed  out  in  this  chap-  perforS^auty.'* 
ter,  he  shall  be  liable  to  be  indicted,  and  on  conviction  shall  be 
fined,  in  a  sum  not  exceeding  five  hundred  dollars,  and  imprisoned, 
not  exceeding  thirty  days,  and  may  be  sued  in  an  action  of  tres- 
pass on  the  case,  for  damages,  not  exceeding  five  hundred  dollars, 
by  the  person  injured  by  reason  of  the  neglect  or  refusal  of  such 
clerk. 

Sec.  41.  If  any  person  shall  mutilate  or  erase  any  name  or  Penalty  for  tak- 
figure,  or  word,  in  a  poU  book  taken  or  kept  at  any  election,  or  if  bJ^^^^^^y. 
any  person  shall  take  away  such  poll  book  from  the  place  where  it 
has  been  deposited  for  safe  keeping,  with  an  intention  of  destroying 
the  same,  or  to  procure  or  prevent  the  election  of  any  person,  or  if 
any  person  shall  destroy  any  poll  book  so  taken  and  kept  at  any 
election,  he  or  she  shall  be  liable  to  be  indicted,  and  on  conviction, 
shall  be  fined  five  hundred  dollars,  and  imprisoned,  not  exceeding 
sixty  days  in  tlie  county  jail. 

Sec.  42.     When  any  candidate  shall  desire  to  contest  the  validity  Elections  how 

''  contested. 


120 


ELECTIONS. 


[DIV.  2. 


Justice  to  he 
najoicd. 


Other  party  to 
uttme  a  justice. 


Two  justices  to 
choose  a  third. 


Power  to  Huse 
tubpoeuas. 


of  any  election,  or  the  right  of  any  person  declared  duly  elected, 
to  hold  the  office  to  which  such  candidate  claims  the  right,  such 
candidate  shall  give  notice  of  his  intention  in  writing,  to  the  person 
whose  election  he  intends  to  contest,  or  leave  a  notice  thereof  at 
his  usual  place  of  residence,  within  thirty  days  after  the  day  of 
election,  expressing  the  points  on  which  the  same  will  be  contested, . 
the  name  of  one  of  the  justices  of  the  peace  who  will  attend  at 
the  talving  of  the  depositions,  the  place  where,  and  the  time  when 
the  said  depositions  will  be  taken ;  which  time  so  fixed  upon  for 
the  taking  of  the  depositions,  shall  not  exceed  sixty  days  from  the 
day  of  election. 

Sec.  43.  The  party  whose  election  is  contested,  may  select 
another  justice  of  the  peace  to  attend  at  the  trial.  Should  the 
party  whose  election  is  contested,  refuse  or  neglect  to  select  a  jus- 
tice as  aforesaid,  the  justice  chosen  by  the  person  contesting  the 
election  as  aforesaid,  shall  make  such  selection  for  hini.  '  The  two 
justices  so  selected  or  chosen,  shall  make  choice  of  a  third  justice ; 
and  if  they  can  not  agree  upon  a  third  justice  to  act  with  them, 
they  shall  make  such  selection  by  lot ;  and  the  three  justices  thus 
selected,  or  either  of  them,  shall  have  power,  and  they  are  hereby 
authorized  and  required,  to  issue  subpoenas  and  such  other  process 
as  may  be  necessary  to  secure  the  attendance  at  such  trial,  of  all  per- 
sons whose  testimony  may  be  required  by  either  party,  in  the  same 
manner  as  is  provided  in  other  cases  of  proceedings  beibre  justices 
of  the  peace. 

Sec.  44.  The  said  justices,  or  any  one  of  them,  shall,  in  all  such 
cases,  have  power  to  issue  subpoenas  for  witnesses  to  any  county  in 
this  State,  directed  to  the  sheriff  of  such  county,  who  shall  make 
service  and  return  as  in  other  cases.  And  any  witness  duly  sub- 
poenaed, refusing  or  neglecting  to  appear  and  testify,  .'■hail,  in  addi- 
tion to  the  penahies  otherwise  imposed  by  law,  forfeit  and  pay  a 
fine  of  fifty  dollars,  to  be  recovered  by  action  of  debt,  in  any  touit 
having  cognizance  thereof,  one-half  to  the  county,  and  one-half  to 
the  person  sueing  for  the  same. 

Sec.  45.  The  said  justices,  or  any  one  of  them,  may  issue 
attachments  for  witnesses  so  neglecting  or  refusing  to  attend,  who 
may  be  brought  before  them  ;  and  at  any  time  before  the  day  for 
the  decision  of  the  question  between  the  contesting  parties,  the  said 
justices  shall,  at  the  request  of  either,  after  giving  notice  to  the 
other  party  of  five  days,  if  resident  in  their  county,  or  ten  days, 
if  residing  out  of  their  county,  proceed  to  take  the  testimony  of 
such  witnesses,  to  be  used  in  the  case. 

Sec.  46.  If  any  justice  of  the  peace  selected  as  aforesaid,  to 
attend  at  the  taking  of  the  depositions,  shall,  without  reasonable 
excuse,  fail  or  refuse  to  attend  at  the  time  and  place  appointed, 
after  having  undertaken  to  attend,  he  shall  forfeit  and  pay  a  fine  of 
fifty  dollars,  to  be  recovered  by  action  of  debt,  in  any  court  having 
cognizance  thereof,  one-half  to  the  county,  and  the  other  half  to 
the  person  who  will  sue  for  the  same. 

Sec.  47.     The  said  justices  shall  hear  and  examine  all  the  evi- 


Power  to  isFue 
sHbpoenas  to  any 
county. 


Penalty  where 
witness  refuses  to 
appear  and  teeti- 
ii- 


Justices  may  is- 
nue  attachments 
for  witnesses. 


Penalty  where 
justice  refuses  to 
attend. 


Justices  to  hear 
eTidence,  and  de- 
cide contcs* 


niV.  2.]  ELECTIONS.  12t 

dence  offered  on  either  side.  If  the  contest  be  respecting  any 
county  office,  tkey  shall  decide  which  of  the  said  candidates  shall 
have  been  duly  elected,  and  certify  the  same  to  the  clerk  of  the 
county  commissioners'  court  of  the  proper  county,  who  shall  there- 
upon make  out  and  deliver  to  the  successful  party  a  certificate  of 
his  election.  If  such  contest  be  respecting  a  seat  in  the  Senate  or  Duty  in  case  of 
House  of  Representatives  of  this  State,  the  said  justices  shall  ^^ear  ^^^Jf^^^^^^^ 
and  reduce  to  writing,  all  the  testimony  taken  in  the  case,  and  cer- 
tify and  transmit  the  same  under  seal,  together  with  all  otlier 
papers  and  documents  pertaining  to  the  case,  to  the  speaker  of  the 
Senate  or  House  of  Representatives  as  the  case  may  be. 

Sec.  48.     No  testimony  shall  be  heard  by  the  said  justices  on  Testimony  must 
the  part  of  the  person  contesting  the  election,  which  does  not  relate  ^'i^'ifonu  to  no- 
to  the  points  specified  in  the  notice.     Such  justices  shall  have  cit-rk  aua'l"t- 
power  to  appoint  a  clerk,  and  may  adjourn  from  day  to  day,  until  ^"""'^  °"^''"^" 
their  duties  shall  be  completed.     They  shall  have  the  same  power 
to  preserve  order,  and   to   punish  disorders  and  contempts,  as  jus- 
tices of  the  peace  may  exercise,  when  holding  court. 

Sec.  49.     In  all  contests  for  county  offices,  in  which  the  justices  Justices  to  enter 
bearing  the  case,  are  authorized  to  decide,  they  shall  enter  judgment  •'"^^°^^'^'" 
on  the  docket  of  the  justice  last  chosen,  for   all  the  costs  of  such 
contest,  against  the  unsuccessful  party,  upon  Avhich  execution  may 
issue  as  in  other  cases.     Either  party  may  appeal  from  the  decision  Appeal  aUowed. 
of  such  justices  to  the  circuit  court  as  in  other  cases  of  appeal  from 
the  judgment  of  a  justice  of  the  peace,  tlie  decision  of  which  court 
shall  be  final. 

Sec.  50.  In.  all  contests  other  than  for  county  offices,  the  pro- Testimony  how 
ceedings  for  taking  testimony  hereinbefore  provided,  may  be  had  ^"  ^  ""^^  ""*' 
in  each  county  in  which  it  is  necessary  to  take  testimony,  and  the 
like  returns  shall  in  each  case  be  made.  In  those  cases  in  which 
the  justices  examining,  do  not  decide  the  contest,  they  shall  not  be 
compelled  to  certify  or  transmit  the  testimony  and  documents  per- 
taining to  the  case,  until  the  reasonable  costs  of  the  examination 
and  of  certifying  the  same,  are  tendered  or  paid ;  and  the  party 
who  is  finally  un.:uccessful  shall  be  liable  for  such  costs,  to  the 
person  who  shvl  ^ave  paid  the  same.  But  if  neither  party  shall 
require  or  cause  such  testimony  and  documents  to  be  transmitted, 
then  judgment  may  be  entered  and  execution  had,  as  before  pro- 
vided, against  the  party  at  whose  instance  such  examination  was 
instituted. 

Sec.  51.     In  all  elections  by  the  General  Assembly,  or  by  Elections  by  the 
either  house  thereof,   (elections  of  justices   of  the   supreme   court,  °®°*'"f  **'''''" ^^^» 
and  judges  of  inferior  courts   excepted,)  the  members  shall  vote 
viva  voce,  and  their  votes   shall  be   entered  upon  their  journals. 
Elections  by  joint  vote  of  the  two  houses  shall  be  made  in  the  hall 
of  the  house  of  representatives,  at  such  time  as  shall  have  been 
previously  appointed  by  joint  resolution  of  the  two  houses  ;  and  at 
all  such  joint  meetings,  the  speaker  of  the  h^use  of  representatives 
shall  preside.     Elections  of  justices    of   the  supreme  court  and  Election  by  joint 
judges  of  inferior  courts   shall  be  made  by  joint  ballot  of  both^je.^^  *"''* 


122  ELECTIONS.  [dIV.  2. 

houses,  in  the  hall  of  the  house  of  representatives,  the  speaker  of 

Majority  vote  re-  which  shall  appoint  a  member  of  each  house  to  act  as  tellers.     No 

quired.  persou  shall  be  declared  duly  elected  by  the  General  Assembly,  or 

either  branch  thereof,  until  he  shall  have  received  a  majority  of  all 

the  votes  given,  blank  votes  included. 

Psnaity  for  het-       Sec.  52.     If  any  person  shall,  at  any  time  hereafter,  bet  or 

ting  on  election,  -wager  any  money,  property  or  other  valuable    thing,   upon    the 

result  of  any  election  which  may  be  held  under  the  constitution  or 

laws  of  this  State,  or  shall  bet  or  wager  money,  property  or  other 

valuable  thing,  upon  the  number  of  votes  which  may  be  given  to 

any  one  or  more  persons,  at  any  election  held  as  afoi-esaid,  or  upon 

who  will  receive  the  greatest  number  of  votes  at  any  such  election  ; 

or  if  any  person  shall  agree  to  pay  to  any  other  person,  any  money, 

property  or  other  valuable  thing,  in  the  event  that  any  election  as 

aforesaid  shall  result  in  one  way,  or  in  the   event  that  any  one  or 

more  persons  shall  or  shall  not  be  elected,  or  shall  receive  a  greater 

number  of  votes  than  others,  such  person  shall  be  liable  to  mdict- 

ment,  and,  upon  conviction  thereof,  shall  be  fined  in  any  sum  not 

exceeding  one  thousand  dollars. 

Offence  complete      Sec.  53.     It  shall  not  be  necessary  to  the  commission  of  the 

^*""T^7'^ser  is    offence  specified  in  the  foregoing  section,  that  the  money,  property 

or  valuable  thing,  bet  or  wagered,  shall  be  exhibited  or  staked  at 

the  time  of  making  such  bet  or  wager,  or  at  any  other  time. 

Appkoved:  March  3,  1845. 

An  Act  to  provided  for  the  mode  of  voting  by  ballot,  and  for  the  manner  of 
returning,  canvassing  and  certifying  votes. 

Section  1.     Be  it  enacted  hy  the  people  of  the  state  of  Illinois 
represented  in  the  General  Assembly,  That  there  shall  be  elected 

Presidential  eiec-  ^^  general  ticket  on  the  Tuesday  next  after  the  first  Monday  in 

November,  preceding  the  expiration  of  the  term  of  office  of  each 

president  of  the  United  States,  as  many  electors  of  president  and 

*  vice  president  of  the  United  States  as  this  state  may  be  entitled  to 

elect ;  which  election  shall  be  conducted  and  returns  thereof  made 

Proviso.  ^s  hereinafter  provided:  Provided,  that  if  congress  should  hereafter 

fix  a  different  day  for  such  election,  then  the  election  for  electors 
shall  be  held  on  such  day  as  shall  be  named  by  act  of  congress. 

Time  of  election  §  2.  All  general  elections  for  the  election  of  governor,  lieuten- 
ant governor,  secretary  of  state,  auditor  of  public  accounts,  state 
treasurer,  representatives  to  congress,  senators  and  representatives 
to  the  general  assembly  and  county  officers,  shall  be  held  on  the 
Tuesday  next  after  the  first  Monday  of  November  biennially,  ex- 
cept for  such  offices  as  are  directed  to  be  chosen  at  other  times  than 
biennially  ;  which  elections  shall  be  conducted  as  is  directed  by  this 
act  and  the  act  to  which  this  is  an  amendment. 

§  3.     That  an   election  shall   be  held  in  this  state  on  the  first 


of  state  officers. 


Election  for 


judges  of     ^     Monday  of  June,  eighteen  hundred  and  fifty-two,  and  every  ninth 
•upreme  court,    y^^,  ti^ereafter,  for  one  judge  of  the  supreme  court  from  the  first 


DIV.  2.]  ELECTIONS.  12-3 

grand  division ;  oij  the  first  Monday  of  June,  eighteen  hundred 
and  fiftj-five,  and  every  ninth  year  thereafter,  for  one  judge  of  the 
supreme  court  from  the  third  grand  division  ;  and  on  the  first  Mon- 
day of  June,  eighteen  hundred  and  fifty-eight,  and  every  ninth 
year  thereafter,  for  one  judge  of  the  supreme  court  from  the 
second  grand  division;  and  the  present  judges  of  the  supreme 
court  shall  respectively  hold  their  offices  till  the  time  fixed  by  this 
section  for  an  election  of  a  judge  from  the  division  for  which  such 
judge  may  have  been  elected. 

§  4.     That  on  the    first    Monday  of  June,  one  thousand  eight  For  judges  of  cir- 
hundred  and  fifty -five,  and  every  sixth  year  thereafter,  an  election '^^^ '^''"''• 
shall  be  held  in  each  judicial   circuit   for  the   election   of  a  judge 
tor  such  circuit :  Provided,   that  whenever  an  additional  judicial  proriso 
circuit  shall  be  created,  the  first  election  of  a  judge  for  such  circuit 
shall  be  held  at  such   time    as   the   law  creating  such  circuit  shall 
direct,  but  whose  term  of  offi-ce   shall  expire  at  the  time  fixed  for 
the  next  regular  election  of  judges  for  the  judicial  circuits  of  this 
state. 

§  5.  That  in  case  of  any  vacancy  in  the  office  of  judge  of  the  vacancies  pron- 
supreme  or  circuit  courts  of  this  state  within  one  year  of  the  time  'i>-'^  for. 
fixed  by  this  act  for  an  election  of  such  judge,  it  shall  be  the  duty 
of  the  governor  to  appoint  a  judge  to  fill  such  vacancy,  who  shall 
hold  his  office  till  the  time  fixed  by  this  act  for  the  election  of^ 
judges  for  such  court;  but  if  any  vacancy  shall  occur  more  than 
one  year  previous  to  the  time  fixed  by  this  act  for  the  election  of 
such  judge,  it  shall  be  the  duty  of  the  governor  to  issue  writs  of 
election  to  the  several  counties  that  may  be  entitled  by  law  to 
vote  for  such  judg?,  fixing  the  time  for  the  holding  of  said  election, 
and  req^uiring  said  sheriffs  to  give  twenty  days'  notice  of  the  time 
and  place  of  holding  said  elections  ;  which  elections  shall  be  con- 
ducted in  the  same  manner  as  if  the  election  of  such  judge  had 
taken  place  at  the  regular  time  fixed  by  law. 

§  6.  In  case  the  right  of  any  person  claiming  to  be  elected  a  proceedings  in 
jud^i  of  the  suprems  or  circuit  court  shall  be  contested,  the  con- •^?"'«''e^  «i«<^- 
test  shall  be  conducted  and  the  evidence  taken  in  the  same  manner 
now  provided  by  law  for  contesting  the  election  of  members  of  the 
general  assembly,  and  the  evidence,  when  taken,  if  it  relate  to  the 
election  of  a  judge  of  the  supreme  court,  it  shall  be  transmitted  to 
the  speaker  of  the  senate,  and  if  it  relate  to  a  judge  of  the  circuit 
court  it  shall  be  transmitted  to  the  clerk  of  the  supreme  court  of 
the  grand  division  in  which  a  sitting  of  the  supreme  court  is  first 
directed  to  be  held  after  such  contest  shall  have  commenced. 

§  7.  In  case  of  a  vacancy  in  the  office  of  clerk  of  the  circuit  vacancies,  how 
court,  it  shall  be  the  duty  of  the  judge  of  said  court  to  appoint  a^"*^*^- 
clerk,  who  shall  hold  his  office  until  the  next  regular  election  for 
cou'ity  officers,  or  members  of  the  general  assembly,  whichever 
may  first  happen,  at  which  election  such  vacancy  shall  be  filled ; 
and  in  case  of  a  vacancy  in  the  office  of  clerk  in  the  supreme 
court  in  either  of  the  grand  divisions,  the  judges  of  the  supreme 


124 


ELECTIONS. 


[div.  2. 


Returns,  h*W 


Qualifications  of 
vt.ters. 


Provisp. 


•court  shall  appoint  a  clerk,  who  shall  hold  his  ofifice  until  the  time 
.fixed  by  the  constitution  for  the  election  of  such  clerk ;  and  in  case 
of  a  vacancy  in  the  office  of  state's  attorney,  the  governor  shall 
appoint  a  state's  attorney  to  fill  such  vacancy,  who  shall  hold  his 
office  until  the  time  fixed  by  the  constitution  for  the  election  of 
state's  attorneys ;  and  in  case  of  a  vacancy  in  either  of  the  offices 
of  auditor,  treasurer  or  secretary  of  state,  the  governor  shall  fill 
any  such  vacancy  until  the  time  fixed  by  the  constitution  for  an 
election  to  fill  such  vacancy. 

§  8.  The  election  of  state's  attorneys  and  clerks  of  the  supreme 
court  may  be  contested  in  the  same  maimer  as  is  provided  for  con- 
testing the  rights  of  judges  of  the  circuit  courts ;  and  the  election 
of  clerks  of  the  circuit  courts  may  be  contested  in  the  manner 
provided  for  contesting  the  election  of  county  officers :  Provided, 
any  person  whose  election  is  proposed  to  be  contested  shall  be  re- 
leased from  cost  of  such  contested  election  by  refusing  -to  receive 
a  certificate  of  the  clerk  of  the  county  court  of  his  election. 

§  9.  lieturns  of  the  election  of  judges  of  the  supreme  court 
and  circuit  courts,  secretary  of  state,  auditor,  treasurer,  state's 
attorneys  and  clerks  of  the  supreme  court  shall  be  made  and  can- 
vassed as  is  now  provided  by  law  for  representatives  in  congress. 
Returns  for  clerks  of  the  circuit  court  shall  be  made  and  canvassed 
as  is  now  provided  for  other  county  officers. 

§  10.  At  any  and  all  elections  held  in  this  state,  every  white 
male  citizen  above  the  age  of  twenty-one  years,  having  resided  in 
this  state  one  year  next  preceding  any  election,  and  every  white 
male  inhabitant  of  the  age  aforesaid,  who  was  a  resident  of  this 
state  on  the  first  day  of  April,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  forty-eight,  shall  be  entitled  to  vole  at  any 
election  ;  but  no  person  shall  be  entitled  to  vote  except  in  the  pre- 
cinct, place,  or  township  where  a  poll  shall  be  held,  in  which  he 
shall  actually  reside  at  the  time  of  such  election :  Provided,  that 
when  any  such  person  shall  offer  his  vote  and  either  of  the  judges 
of  the  election  shall  suspect  that  such  person  is  not  a  qualified 
voter,  or  if  his  vote  shall  be  challenged  by  any  elector,  the  judge 
of  the  election  shall  tender  to  such  person  the  following  oath  or 
affirmation : 


Blank  forms  to 
1*0  provided. 


"  You  do  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that  you  are  a 
resident  of  this  precinct,  place,  or  township,  that  you  are  a  citizen  of  this 
state,  and  have  resided  herein  one  year  preceding  this  election,  or  that  you 
was  an  inhabitant  of  this  state  on  the  first  day  of  April,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  forty-eight,  that  you  are  above  the  age 
of  twenty-one  years,  and  that  you  have  not  voted  at  this  election,  so  help  you 
God." 

Every  vote  offered  by  any  person  who  shall  refuse  to  take  the 
foregoing  oath  shall  be  rejected. 

§  11.  Tliat  the  county  court,  or  the  board  doing  county  busi- 
ness in  each  of  the  sevei-al  counties  in  this  state,  at  their  first  meet- 
ing in  each  and  eveiy  year,  shall  cause  a  suitable  number  of  blank 


Civ.  2.1  ELECTIONS.  125 

forms  of  poll-books  and  election  returns  to  be  made  out,  (headed 
and  certified  as  the  nature  of  the  case  may  be,)  for  each  board  of 
elections,  in  each  precinct,  township  or  place ;  which  they  shall 
cause  to  be  delivered  into  the  hands  of  the  sheriffs  respectively  of 
said  counties,  whose  duty  it  shall  be  to  deliver  them  to  the  judges, 
or  boards  of  election,  at  least  ten  days  previous  to  the  election  then 
to  be  held. 

§  12.     Each  qualified  voter  may  vote  once  and  no  more;  and  Restrictions, 
if  any  person  shall  attempt  to  vote  more  than  once,  or  to  hand  in 
two  or  more  tickets  folded  together,  every  person  so  offending  shall 
be  liable  to  indictment,  and  on  conviction  shall  be  fined  in  any  sum 
not  exceeding  fifty  dollars. 

§  13.  Every  ticket  handed  in  shall  contain  the  name  of  every  Form  of  vot««. 
candidate  such  voter  intends  voting  for,  either  in  writing  or  print, 
designating  the  office  to  which  he  wishes  each  to  be  elected ;  and 
if  more  persons  are  designated  for  any  office  than  there  are  candi- 
dates to  be  elected,  such  part  of  the  ticket  shall  not  be  counted  for 
either  of  them,  but  no  vote  shall  be  rejected  for  the  want  of  form, 
if  the  judges  or  board  of  election  can  determme  therefrom,  to  their 
satisfaction,  the  person  voted  for,  and  the  ofiice  which  the  voter 
intended  such  person  should  fill. 

§  14.  That  the  county  court  or  board  doing  business,  shall  pro- Ballot  boxes. 
\'ide  a  sufficient  number  of  ballot-boxes  at  the  expense  of  the 
county,  for  the  several  boards  or  judges  of  election,  to  be  kept  by 
one  of  the  judges  or  board,  and  to  be  delivered  over  to  the  success- 
ors of  such  judges  or  board,  each  of  which  said  ballot-boxes  shall  iiow  kept. 
be  furnished  with  a  sufficient  lock  and  key,  and  before  any  ballot 
shall  have  been  deposited  therein  the  same  shall  be  publicly  opened 
and  exhibited,  to  the  end  that  the  judges  and  clerks  assisting  at 
every  election  may  see  that  no  ballot  is  in  said  box;  after  which, 
the  same  shall  be  locked  and  the  key  delivered  over  to  one  of  the 
judges  or  board  of  election,  and  shall  not  be  opened  during  the 
said  election,  except  in  the  manner  and  for  the  purpose  herein  pro- 
vided. An  opening  shall  be  made  in  the  top  or  lid  of  each  of  such 
ballot-boxes,  not  larger  than  shall  be  sufficient  to  admit  of  a  single 
closed  ballot  to  be  inserted  thereiu  at  one  time,  tlirough  wliich  each 
ballot  received  shall  be  insei*ted. 

§  15.  The  method  of  voting  shall  be  by  ballot,  which  ballot  Method  of  voting, 
shall  be  folded  by  the  voter  and  delivered  to  one  of  the  judges  or 
board  of  election,  who  shall,  without  unfolding  or  opening  the  same 
in  any  manner,  deposit  the  said  ballot  in  said  ballot-box :  Provided,  Proviso, 
that  no  ballot  shall  be  received  or  counted  unless  the  same  is  writ- 
ten or  printed  upon  white  paper,  without  any  marks  or  figures 
thereon,  intended  to  distinguish  one  ballot  from  another. 

§  16.     Each  clerk  of  the  election  shall  keep  a  poll-list,  which  Duty  of  eieria 
shall  contain  one  column  headed  "names  of  voters."    The  name  of '"^  ''" 
each  elector  voting  shall  be  entered  by  each  clerk  in  regular  suc- 
cession under  the  said  heading  in  his  poll-list.     At  each  adjourn- 
ment of  the  polls,  and  upon  the  final  closing  of  the  same,  the  clerks 
shall,  in  the  presence  of  the  judges  or  board  of  election,  compare  .,   <  , 


126  ELECTIONS.  [dIV.  2. 

their  respective  poll-lists,  and  correct  all  mistakes  that  may  be  dis- 
covered according  to  the  decisions  of  the  judges  or  board  of  elec- 
tion, until  such  poll-lists  shall  be  made  to  correspond  in  all  re- 
spects ;  the  ballot-box  shall  then  be  opened  and  the  said  poll-lists 
placed  therein ;  the  box  shall  then  again  be  locked,  and  the  seal  of 
one  or  more  of  the  judges  shall  be  so  placed  thereon  as  entirely  to 
cover  the  opening  in  the  lid  or  top  of  said  box;  the  key  of 
said  box  shall  then  be  delivered  to  one  of  the  judges  or  board  of 
election,  and  the  box  to  another ;  the  judge  having  the  key  shall 
keep  the  same  in  his  possession,  and  deliver  it  again  to  the  board 
at  the  next  opening  of  the  poll ;  the  judge  having  the  box  shall 
carefully  keep  it,  without  opening  it  or  permitting  it  to  be  opened, 
or  the  seal  thereof  to  be  broken  or  removed,  and  shall  publicly 
deUver  it  in  that  condition  to  the  board  at  the  next  opening  of  the 
polls. 
Totes  iiow  can-  §  17.  As  soon  as  the  polls  at  any  election  shall  have  finally 
vasscd.  closed,  the  judges,  or  board  and  clerks,  may  adjourn  the  counting 

and  canvassing  of  the  votes  to  some  convenient  hour  of  the  next 
ensuing  day,  at  which  time  they  shall  proceed  to  canvass  the  votes 
polled,  by  first  counting  the  whole  number  of  ballots  in  the  box ; 
if  the  ballots  shall  be  found  to  exceed  the  number  of  names  en- 
tered on  each  of  the  poll-lists,  they  shall  be  replaced  in  the  box, 
and  one  of  the  judges  shall  publicly  draw  out  and  destroy  so  many 
ballots  unopened  as  shall  be  equal  to  such  excess,  and  the  ballots 
or  poll-hsts  agi-eeing,  or  being  made  to  agree,  the  board  shall  pro- 
ceed to  count  and  estimate  and  publish  the  votes. 
Fraudulent  Totes  §  18.  As  the  judges  or  board  of  election  shall  open  and  read 
ai.^po=,e  o .,  ^1^^  tickets,  each  clerk  shall  carefully  mark  down  the  votes  each 
candidate  shall  receive,  in  separate  columns  prepared  for  that  pur- 
pose, with  the  name  of  such  candidate  at  the  head  of  such  column, 
and  the  office  or  place  it  is  designed  by  the  voters  such  candidate 
shall  fill ;  but  if  on  such  canvassing  two  tickets  shall  be  found  de- 
ceitfully folded  together,  they  shall  both  be  rejected  as  if  the  same 
had  never  been  deposited  in  the  ballot-box. 
Certificates.  §  i^j.     As  soon  as  all  the  votes  shall  have  been  read  off  and 

counted,  the  judges  or  board  of  election  shall  make  out  a  certifi- 
cate, under  their  hands,  stating  the  number  of  votes  each  candidate 
received,  designating  the  office  for  which  such  person  received 
such  vote  or  votes,  as  is  prescribed  and  directed  by  the  twenty- 
third  section  of  the  thirty-seventh  chapter  of  the  Revised  Statutes, 
entitled  "  elections ;"  and  the  said  certificate,  together  with  one  of 
the  lists  of  voters,  and  one  of  the  tally  papers,  shall  be  put  into  the 
hands  of  one  of  the  judges  or  board  of  election,  who  shall,  within 
four  days  thereafter,  deliver  the  same  to  the  clerk  of  the  county 
court,  or  his  deputy,  at  the  county  seat  or  place  of  holding  county 
coui-ts ;  and  when  received,  such  clerk  or  deputy  shall  proceed  to 
open,  canvass  and  publish  the  return  from  each  precinct,  township 
or  place,  as  is  now  provided  by  law. 
Pmaity  fbr  §  20.     If  any  judges  or  the  judges  of  any  election  shall  refuse 

>>€usal. 


.  DIV.  2.]  ELECTIONS.  127 

to  receive  the  vote  of  any  qualified  elector  who  shall  take  or  offer 
to  take  the  oath  prescribed  by  this  act,  in  such  case  every  judge  so 
refusing  or  neglecting  to  receive  the  vote  or  ballot,  or  opening  or 
unfolding  such  ballot,  when  the  same  shall  be  presented,  shall  be 
liable  to  be  indicted,  and,  on  conviction,  shall  be  fined  five  hundred 
doUars,  and  imprisonment  not  exceeding  thirty  days ;  and  lor  every 
refusal  or  neglect  to  receive  such  vote,  the  party  aggrieved  may 
have  an  action  on  the  case  against  the  said  judge  or  judges;  the 
damages  in  such  case  shall  not  exceed  the  sum  of  five  hundred 
dollars. 

§  21.     Section  one,  six,  fifteen,  sixteen,  eighteen,  twenty-four  Sections  r<;[i«ai- 
and  thirty-nine  of  chapter  thirty-seven,  of  the   Revised   Statutes, 
entitled  "elections,"  approved  March  third,  1845,  shall  be  and  the 
sasne  is  hereby  repealed ;  and  such  sections  of  said  acts  as  ai"e  not 
herein  repealed,  shall  remain  in  full  force  and  effect. 

This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  February  12,  1849. 

An  Act  to  provide  for  the  Filling  of  Vacancies  in  certain  County  Office?. 

(77.)  Sec.  I.  Be  it  enacted  hy  the  People  of  the  State  of  Illinois,  vacancies  filled. 
represented  in  the  General  Assembly,  That  whenever  a  vacancy  shall 
happen  in  the  office  of  sheriff,  county  surveyor  or  coroner  of  any 
county  of  this  State,  by  death,  resignation  or  removal  of  any  in- 
cumbent, it  shall  be  the  duty  of  the  clerk  of  the  county  court  of 
such  county  immediately  to  notify  the  governor  of  that  fact,  and  it 
shall  be  the  duty  of  the  governor  to  issue  a  writ  of  election  to  fill 
such  vacancy,  and  direct  the  time  of  holding  the  same;  which 
election  shall  be  proceeded  in  as  in  other  cases  of  election. 

(78.)  Sec.  II.     This  act  shall  be  in  force  from  and  after  its 
passage. 

Approved  Nov.  6,  1849. 

An  Act  to  confirm  Elections  of  County  Officers. 

(79.)   Sec.  I.     Be  it  enacted  hy  the  People  of  the  State  of  Illi- 
nois, represented  in  the  General  Assembly,  That  all  elections  here-  Elections  legal, 
tofore  ordered  by  the  governor,  to  provide  for  filUng  vacancies  in 
the  office  of  sheriff  and  county  officers,  are  hereby  confinned,  and 
the  elections  of  all  such  officers  shall  be  valid. 

(80.)  Sec.  II.     This  act  to  take  efiect  from  and  after  its  passage. 

Approved  Nov.  6,  1849. 

An  Act  to  prevent  illesral  votincr  at  Elections.  In  force  'Febnia- 

°  ry  21,  1861. 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assemhly,  That  to  constitute  residence,  what  shall  oon- 
under  the  election  laws  of  this  State,  a  person  shall  have  resided  '*""'^  resiaenc* 
in  the  election  precinct  or  district  for  the  term  of  sixty  days;  and 
no  person  shall  be  entitled  to  vote  at  any  election  under  the  laws 


128 


ELECTIONS. 


[div.  2, 


of  this  State,  excepting  under  charters  for  cities  or  incorporated 
towns,  unless  he  shall  have  actually  and  in  good  faith  resided  in 
the  election  precinct  or  district  in  which  he  offers  his  vote,  for  sixty 
days  immediately  preceding  such  election ;  any  law  of  this  State 
to  the  contrary  notwithstanding. 
Penalty.  §  2.     Any  person  violating  the  provisions  of  this  act  shall  he 

subject  to  all  the  fines,  penalties  and  punishments  that  are  now 
provided  by  law  for  illegal  voting. 

8  3.     This  act  to  take  effect  and  be  in  force  from  and  after  its 


passage. 

Approved  February  21,  1861. 


In  force  Febrna-  An  Act  to  provide  for  ascertaining  the  qualification  of  Voters  and  to 
ry  22, 1861.  prevent  fraudulent  Voting. 

Whereas,  The  right  of  suffrage  is  the  highest  privilege  of  the 
citizen,  and  should  be  guarded  with  proper  vigilance  against  in- 
trusion and  fraud ;  for  the  purpose,  therefore,  of  ascertaining 
the  persons  who  may  be. entitled  to  vote  at  the  several  elections 
held  under  the  laws  of  this  State,  and  to  prevent  illegal  voting 
thereat, 

Section  1.  JSe  it  enacted  hy  ilie  People  of  tlie  State  of  Illinois, 
represented  in  the  General  Assemhly^  That  to  constitute  residence, 
under  the  constitution  and  election  laws  of  this  State,  a  permanent 
abode  is  necessary,  and  all  elections,  general  or  special,  held  in 
any  town,  city,  district  or  ward,  every  person  offering  to  vote,  who 
is  not  personally  known  to  the  judges  and  inspectors  of  election  to 
have  such  a  permanent  abode  and  to  have  resided  in  such  election 
district  for  the  space  of  sixty  days,  immediately  preceding  such 
election,  shall,  if  his  vote  be  challenged,  take  the  oath  now  required 
by  law,  and  in  addition  thereto  swear  or  affirm  to  his  place  of  resi- 
dence, specifying  the  particular  place  and  house  in  which  he  re- 
sides, and  stating  how  long  he  has  there  resided,  and  his  business 
or  employment ;  and  if  he  has  not  resided  in  such  house  for  sixty 
days  immediately  preceding  such  election  he  shall  state  where  and 
in  what  house  he  has  resided  for  the  last  sixty  days ;  and  in  addi- 
tion thereto,  such  voter,  so  challenged,  shall  be  required  to  produce 
two  witnesses,  both  of  whom  are  personally  known  to  said  judges 
of  said  election  and  resident  in  the  precinct,  district  or  ward,  or 
shall  be  proved  by  some  legal  voter  or  voters  of  the  precinct  or 
district  in  which  such  vote  is  offered  to  be  voted  therein,  who  shall 
be  known  to  said  judges,  and  each  of  whom  shall  take  the  following 
oath,  to  be  administered  by  one  of  the  judges  of  said  election  : 

"  I  do  solemnly  swear,  (or  affirm,  as  the  case  may  be,)  that  I  am  a  resi- 
dent of  this  election  district  and  entitled  to  vote  at  this  election,  and  that 
I  have  been  a  resident  of  this  election  district  for  one  year  last  past,  and 
that  I  am  well  acquainted  with  the  voter  whose  vote  is  now  offered ;  that 
he  is  an  actual  and  6ona_^rfe  resident  of  this  election  district,  and  that  he 
has  resided  in  this  State  for  one  year  last  past." 

§  2.  If  any  judge  of  any  election  shall  permit  any  voter  to 
vote  whose  vote  is  so  challenged,  without  the  proof  required  in  the 


Reaidence  de- 
fined. 


Person  chal- 
lenged to  take 
oath. 


What  the  oath 
shall  be. 


Shall  prodnoe 
two  witnesses. 


Form  of  oath. 


Duty  of  judges 
or  election. 


DIY.  2.]  ELECTIONS.  229 

first  section  of  this  act,  or  shall  knowingly  and  willfully  permit  any 
person  to  testify  as  a  witness,  contrary  to  the  provisions  of  this  act, 
he  shall  be  deemed  guilty  of  high  misdemeanor,  and,  on  conviction 
thereof,  shall  be  fined  in  the  sum  of  one  thousand  dollars  and  im- 
prisoned in  the  county  jail  for  six  months. 

§  3.     If  any  witness  or  voter,  whose  vote  is  so  challenged,  and  Punishment  for 
sworn  under  the  provisions  of  this  act,  shall,  knowingly,  willfully  P'^^'Jury. 
and  corruptly  swear  falsely,  he  shall  be  deemed  guilty  of  perjury, 
and,  on  conviction  thereof,  imprisoned  in  the  penitentiary  for  any 
time  not  less  than  three  nor  more  than  twenty-one  years. 

§  4,     If  any  person  shall  vote  more  than  once  at  any  election  uiegai  roting. 
held  under  the  authority  of  the  laws  of  this  State,  or  shall  vote  at 
any  such  election,  who  is  not  a  qualified  voter  at  the  place  where 
he  so  votes,  or  shall  offer  to  vote,  after  having  once  voted  at  such 
election,  he  shall,  on  conviction  thereof,  be  confined  in  the  peniten-  Punishment  for. 
tiary  for  any  term  not  less  than  one  or  more  than  five  years. 

§  5.  At  all  elections,  general  or  special,  in  this  State,  where  indorsement  of 
the  vote  is  by  ballot,  if  the  judges  of  elections  are  satisfied,  under  back^ofTsjiot*!* 
the  provisions  of  this  act  and  the  other  laws  of  this  State  relating 
to  elections,  that  the  person  offering  the  vote  is  a  legal  voter  he 
shall  indorse  on  the  back  of  the  ticket  offered  the  number  corres- 
ponding with  the  number  of  the  voter  on  the  poll  book,  and  put 
said  ticket  immediately  in  the  ballot  box,  and  the  clerks  of  the 
election  shall  enter  the  name  of  the  voter  and  his  number  in  the 
poll  book. 

§  6.     At  the  close  of  the  polls  the  poll  books  shall  be  signed  by  closing  of  the 
the  judges  and  attested  by  the  clerks ;  the  names  therein  contained  p.°"  ^P°^^  '<>  *>« 
shall  then  be  counted,  and  the  number  set  down  at  the  foot  of  the 
poll  books.  • 

§  7.     All  the  ballots  counted  by  the  judges  of  election  shall,  Preservation  of 
after  being  read,  be  strung  upon  a  strong  tliread  or  twine,  in  the  ''*"°'^- 
order  in  which  they  have  been  read,  and  shall  then  be  carefully 
enveloped  and  sealed  up  by  the  judges,  who  shall  direct  the  same 
to  the  officer  or  officers  to  whom  by  law  they  are  required  to  return 
the  poll  books,  and  shall  be  delivered,  together  with  said  poll  books, 
to  said  officer  or  officers,  who  shall  carefully  preserve  said  ballots 
for  six  months,  and  at  the  expiration  of  that  time  shall  destroy -^ft"  six  menths, 
them.     And  in  all  cases  of  contested  election  the  parties  contesting  Sroyed.  ^ 
the  same  shall  have  the  right  to  have  the  said  package  of  ballots 
opened,  and  said  ballots  referred  to  by  witnesses  for  the  purpose  of  in  case  of  con- 
such  contest.     But  said  ballots  shall  only  be  so  examined  and  re-  ^^^  elections, 
ferred  to  in  the  presence  of  the  officer  having  the  custody  thereof. 

§  8.  The  provisions  of  this  act  shall  apply  to  all  general  and  Act  to  apply  t# 
special  elections,  hereafter  held  in  this  state,  whether  for  general,  clai'eiection/'*^ 
town,  municipal  or  other  officers ;  and  no  person  shall  be  consid- 
ered, under  any  circumstances,  as  having  a  residence  in  any  ward 
or  election  district  or  precinct,  unless  he  shall  have  had  a  perma- 
nent abode  therein  for  at  least  thirty  days  immediately  preceding 
such  election. 

§  9.     No  liquor  or  other  intoxicating  drinka  shall  be  gold  or 
9 


130  ELECTIONS.  r^^^-  2. 

Sale  of  uquors  on  given  away,  at  retail,  nor  shall  any  bar-room  or  place  where  liquor 
election  day  pro-  ^^  intoxicating  drinks  are  sold  at  retail  be  open  upon  such  election 
^^^'^"  day ;  and  it  shall  be  the  duty  of  the  sheriff,  constables,  public  offi- 

cers and  magistrates  to  see  that  the  provisions  of  this  section  are 
^  ,^  .  enforced ;  and  any  violation  of  its  provisions  shall  be  prosecuted 
and  punished  m  the  same  manner  and  to  the  same  extent  as  the 
keeping  of  tippling  houses  open  upon  Sunday  or  the  first  day  of 
the  week  is  now  punished  by  law. 

§  6.    This  act  shall  take  effect  and       in  force  from  and  aflw 
its  passage. 

Approved  February  22,  1861. 


PIV.  3.]  INCLOSURES  AND  FENCES.  131 

DIVISION    III. 

INCLOSUKES    AND    FENCES.' 
[From  Chapter  51  of  the  lie  vised  Statutes.] 

Section  1.     Those  who  are  or  shall  be  proprietors  or  owners  Common  fieWs, 
of  land,  in   any  field  that  is   now  occupied,  used  and  declared,  or "^uke'^ruUs and 
that  shall  hereafter  be  occupied,  used  or  declared  to  be  a  common  regulations  tou- 
field,  may  meet  together,  by  themselves  or  agents,  annually,  on  the'^"'""''' 
first  Monday  in  March,  or  such  other  days  as  they  shall  appoint, 
at  some  convenient  place  by  them   appointed,  for  the  purpose  of 
making  such  rules  and  regulations  as  to  them   shall  seem  meet  for 
the  well  ordei'ing  of  the  affairs  of  such  field,  with  respect  to  fencing 
and  cultivation,  and  all  other  things  necessary  for  the  well  managing 
the  same,  for  the  common  interest  of  such  proprietors  ;  in  which 
meeting  the  proprietors  of  such  field,  shall  have  full  power  by  their 
major  vote,  to  be  computed  by  interest,  to  order  all  such  affairs  and 
make  such  regulations  as  they  shall  deem  proper  and  expedient  for 
the  purpose  aforesaid:  provided,  always,   that  any  perton   who   is 
a  proprietor  in  any  common  field,  may,  at  any  time  hereafter,  sep- 
arate his,  her  or  their  land,  from   such   common   field,  by  fencing 
the  same,  subject  only  to  making  and  keeping  in  repair  fences  in 
like  manner  as  persons  having   inclosures  adjoining  to  the  common 
fields,  as  by  this  law  directed. 

Sec.  2.  The  better  to  enable  them  to  carry  on  and  manage  May  elect  officers, 
the  affairs  of  such  field,  they  are  hereby  authorized  and  empowered 
to  elect  a  chairman,  clerk  and  treasurer,  who  shall  be  sworn  to  the 
faithful  discharge  of  their  duties,  respectively ;  and  the  clerk  shall 
enter  and  record  all  the  acts,  votes  and  resolutions  of  the  said  pro-  Their  duties. 
prietors,  relating  to  the  'management  of  the  said  common  fields ; 
and  shall  continue  in  his  office  until  another  shall  be  chosen  and 
qualified  to  serve  in  his  room ;  and  that  the  election  of  chairman, 
clerk  and  treasurer,  shall  be  annually  or  otherwise,  as  shall  be 
determined  by  the  said  proprietors  or  a  majority  of  them,  in  their 
lawful  meetings  assembled. 

Sec.  3.     For  the  better  management  of  their  common  fields,  Shaii also chcow 
they   shall  choose   a   committee  of  three  persons,  which  shall  be  th^'"^''  °^ 
styled  "the  field  committee,"  who  shall  be  sworn  to  a  faithful  dis- 
charge of  their  duties;  the  said  committee  may  call  a  meeting  of  Their  duties, 
the  proprietors  of  such  field  when  they  shall  judge  it  needful,  by 
giving  warning  to  such  of  them  as  live  in  the  town  or  village,  ver- 

(1)  The  law  relative  to  inclosures  and  fences  has  been  materially  amended,  and  it  is  thouRht 
much  improved  by  the  act  approYed  February  18th,  1857,  wliich  is  included  in  Uiis  compila- 
tion, and  by  which  as  much  of  this  chapter  as  is  inconsistent  with  the  provisions  of  snid  act, 
18  repealed.     Sections  11,  12,  and  1.3,  would  seem  to  be  that  portion  of  this  chapter  atfected  by  . 

the  provisions  of  the  amendatory  act. 


132  INCLOSURES   AND   FENCES.  [DIV.  3. 

bally,  where  such  fields  lie,  and  to  the  agents,  if  any,  of  non-resi- 
dent proprietors,  ten  days  previous  to  the  time  of  such  meeting,  or 
by  warning  such  proprietors  in  such  other  manner  as  they  shall,  in 
their  lawful  meetings,  agree  upon. 
Proprietors  may       Sec.  4.     The  proprietors  of  common  fields  are  hereby  author- 
thMiiseiTe.°to  de-  ^^^ed  and  empowered,  at  their  lawful  meetings,  to  gi-ant  and  levy 
ira,y  expenses,      taxes  on  themsclves,  when  they  shall  judge  it  needful,  according  to 
their  several  interests  in  such  fields,  for  defraying  the  charges  that 
may  arise  in  setting  out  and  designating  the  proportion  of,  or  alter- 
ing the  fence  of  such  fields,  in  making  gates  and  bridges,  or  for 
any  other  public  or  common  charge,  relating  to  such  fields  ;  and  to 
appoint  assessors  and  collectors  for  the  making,  apportioning  and 
collecting  such  taxes ;  which  collectors  shall  have  the  same  power 
and  authority,  in  eveiy  respect,  as  the  collectors  of  county  taxes ; 
which  taxes,  when  collected,  shall  be  paid  into  the  hands  of  the 
treasurer,  and  shall  be  appropriated  by  a  majority  of  the  proprie- 
tors for  the  common  benefit. 
Committee  to  Sec.  5.     The  field  committee  shall  point  out  and  designate  the 

tion  oi°fencreach  place  where,  and  the  proportion  which  each  proprietor  shall  erect 
nhaii  erect.  of  g^jj^  common  fence,  and  every  proprietor  in  such  common  field 
shall  duly  erect  and  maintain  his,  her  or  their  proportion  in  such 
common  fence,  according  to  the  directions  of  such  committee: 
•provided,  such  committee  shall  attend  all  orders  and  comply  with 
all  regulations  of  the  major  part  of  the  proprietors  of  such  common 
field,  for  the  improvement  thereof  for  the  common  benefit,  under 
the  penalties  of  such  fines  and  forfeitures  as  shall  be  lawfully 
annexed  to  the  breach  or  neglect  of  such  orders  or  regulations. 
Proprietors  to  Sec.  6.     Any  person  or  persons  having  his,  her  or  their  part  or 

have  liberty  to     proportion  of  commou  fence  designated  by  the  said  field  committee, 
other's  land  to     shall  liave  liberty,  in  order  to  make  or  repair  the  same,  of  passing 
make  fence.        ^ygj.  ^^^  person's  lot  or  land  whatsoever,  whenever  it  shall  be 
necessary  for  the  purpose  aforesaid ;  and  when  it  shall  so  happen 
that  the  line  of  fence  ordered  as  aforesaid,  for  the  inclosing  or 
securing  any  common  field,  shall  run   in  upon   or  intersect   the 
fence  of  any  person  making  a  particular  inclosure  adjoining  the 
common  field,  the  one-half  of  the  division  fence  between  such  par- 
ticular inclosure  and  the  common  field  as  aforesaid,  shall  be  made 
and  maintained  by  the  proprietors  of  such  common  field,  and  the 
Duty  of  each  to  Other  half  by  the  owner  of  such  particular  inclosure ;  and  if  any 
tiwiof^fen'ce!^°'^  pcrson  or  persons,  whose  land  shall  adjoin  any  such  common  field, 
shall  neglect  to  keep  in  repair,  and  maintain  his,  her  or  their  part 
of  such  fence,  after  being  requested  thereto  by  the  field  committee, 
in  writing  under  their  hands  for  the  space  of  ten  days,  it  shall  be 
lawful  for  the  said  committee  to  repair  the  said  fence  at  the  proper 
charges  of  the  delinquent ;  which  expense,  after  being  estimated 
by  two  reputable  freeholders  of  the  town  or  village  wherein  such 
fields  are  situated,  may  be  recovered  by  action  of  debt,  before  any 
court  having  competent  jurisdiction,  together  with  costs. 
Notice  to  he  giT-       Sec.  7.      It  any  person  or  persons,  whose  lands  shall  adjoin 
^of^removaiof  guch  common  field,  shall  lay  open  the  same,  without  giving  two 


Dir.  3.J  INCLOSURES  AND  FENCES.  133 

months*  notice  thereof  in  writing,  lodged  with  the  clerk  of  such 
common  field,  such  person  or  persons  shall  be  liable  to  pay  all 
damages  that  may  accrue  to  the  proprietors,  or  to  any  of  them,  of 
such  common  fields,  to  be  recovered  in  any  action  of  damages, 
before  any  court  having  competent  jurisdiction. 

Sec.  8.  All  accounts  for  any  services  rendered  any  person  Accounts  for  scr- 
acting  under  the  appointment  of,  or  by  the  direction  of  tlie  major  la^d  plid"^" 
part  of  the  proprietors  of  common  fields,  shall  be  paid  out  of  the 
common  treasury  of  such  propi'ietors,  after  being  audited  by  the 
field  committee,  except  the  accounts  of  such  field  committee,  which 
last  mentioned  accounts  shall  be  audited  by  a  special  committee  ; 
and  all  orders  on  the  treasurer  shall  be  signed  by  the  chairman, 
and  attested  by  tlie  clerk;  and  the  collectors  shall,  for  all  or  any 
moneys  by  them  paid  to  the  treasurer,  demand  duplicate  receipts, 
one  of  which  shall  be  held  by  the  said  collectors,  and  the  other 
lodged  with  the  clerk  ;  the  treasurer  shall  also  demand  duplicate 
receipts  for  all  moneys  paid  by  him,  on  orders  on  the  treasury,  one 
of  which  receipts  shall  be  holden  by  the  treasurer,  and  the  other 
lodged  with  the  clerk. 

Skc.  9.     The  proprietors  of  common  fields  shall   have  power,  power  to  order 
by  their  major  votes,  in  lawful   meetings   assembled,  to  order  all*'^''^' 
such   fines  and  forfeitures,  on   either,  or  any  of  themselves,  as  to 
them  shall  seem   reasonable,  for   carrying  into  effect  any  of  their 
rules  and  regulations,  for  the  common  benefit  of  the  said   proprie- 
tors :    provided,  nevertheless,  that  the   penalty  does  not  exceed  the  Proviso  not  to 
sum  of  five  dollars,  and  that  the  person  or  persons  thinking  himself  j'^rs!'^     ^^ 
or  themselves  to  be  unreasonably  or  oppressedly  fined,  shall  have 
the  right  to  appeal  from  the  judgment  of  said  proprietors  to  the 
next  circuit  court   holden  for  said  county:  provided,  that  notice  Appeal  allowed 
of  such  appeal  shall  be  given  within  ten  days  after  the  judgment  ^'^°'^  ^'^*'''- 
be  given  by  the  said  proprietors. 

Sec.  10.     The  said  common   field  shall  be  inclosed  with  a  good  Field  to  be  in- 
and  sufficient  fence,  according  to  law,  on  or  before  the  first  day  of  Ji^J^^^"^ ''^  sood 
May  in  each  and  every  year,  or  such  other  day  as  the   said  pro- 
prietors may  appoint;  and  no  cattle,  horses  or  other  animals,  shall  Rule  concerning 
be  suffered  to  be  put  into  such  fields,  for  the   purpose  of  depastur-  a^'X''^  °"'*'^ 
ing  therein,  between  the  first  day  of  May  and  the  fifteenth  day  of 
November,  in  each  and  every  year,  or  on  such  other  day  and  time 
as  the   proprietors  may  agree  upon,  under  the  penalty  of  paying 
such  fines  as  shall   be  ordered  by  the  said  proprietors,  in  lawful 
meeting  assembled. 

Sec.  11.     For  the   better  ascertaining  and  regulating  of  parti- Partition  fences 

tion  fences,  it  is  hereby  directed,  that  when  any  neighbors  shall  anachiTrgeboin*. 
improve  lands  adjacent  to  each  other,  or  when  any  person  shall 
inclose  any  land  adjoining  to  another's  land  already  fenced,  so  that 
any  part  of  the  first  person's  fence  becomes  the  partition  fence 
between  them,  in  both  these  cjises  the  charge  of  such  division  fence, 
(so  far  as  inclosed  on  both  sides,)  shall  be  equally  borne  and  main- 
tained by  both  parties;  to  which,  and  other  ends  in   this   cli;ipter  Fence  viewers  to 

•',      ,        ^  .      .  ,  ,  •      .1      Aiew  fences. 

mentioned,  the  county  commissioners,  yearly,  and  every  year  m  tue 


134  TNCLOSURES   AND   FENCES.  [dIV.  3. 

terra  next  after  the   month  of  January,  shall  nominate,  and  are 
hereby  required  to  nominate  and  appoint  three  honest,  able  men, 
for  each  township,  who  being  duly  sworn  to  the  faithful  discharge  . 
*     of  the  duties  of  their  appointment,  shall  proceed,  at  the  request 
of  any  person  or  persons  feeling  him  or  themselves  aggrieved,  to 
view  all  such  fence  and  fences,  about  which   any  difference  may 
happen  or  arise  ;  and  the  aforesaid  persons,  or  any  two  of  them,  in 
each  township  respectively,  shall  be  the  sole  judges  of  the  charge 
to  be  borne  by  the  delinquent,  or  by  both  or  either  party,  and  of 
the  sufficiency  of  all  fences,  whether  partition  fences  or  others.' 
Fence  viewers  to       Sec.  12.     When  they  shall  judge  any  fence  to  be  insufficient, 
give  notice  of  iu- ji^gy  shall  give  notice  thereof  to  the  owners  or  possessors,  and  if 
fence!'^"''^  °        any  one  of  the  owners  or  possessors,  upon  the  request  of  the  other, 
and  due  notice  given  by  the  said  viewers,  shall  refuse  or  neglect 
to  make  or  repair  the  said  fence  or  fences,  or  to  pay  the  moiety  of 
the  charges  of  any  fence  before  made,  being  the  division  or  com- 
mon fence,  within  twenty  days  after  notice  given,  then,  upon  proof 
thereof  before  two  justices  of  the  peace  of  the  respective  county, 
it  shall  be  l.awful  for  the  said  justices  to  order  the  person  aggrieved 
Order  to  make  or  and  Suffering  thereby,  to  make  or  repair  the  said  fence  or  fences, 
'^'■P""'-  who  shall   be  reimbursed  his   costs  and  charges    from  the  per- 

son so  refusing  or  neglecting  to  make  or  repair  the  partition  fence 
or  fences  aforesaid,  or  to  order  the  delinquent  to  pay  the  moiety  of 
the  charge  of  the  fence  before  made,  being  a  division  or  common 
fence,  as  the  case  may  be. 
Oranr  to  make  or      Sec.  13.     If  the  dehnqucnt  shall  neglect  or  refuse  to  pay  the 
repair,  how  en-    party  injured  the  moiety  of  the  charge  of  any  fence  before  made, 
or  to  reimburse  the  costs  and  charges  of  making  or  repairing  the 
said  fence  or  fences,  under  the  order  aforesaid,  then  the  same  shall 
be  levied  upon  the  delinquent's  goods  and  chattels,  under  warrant 
from  a  justice  of  the  peace,  by  distress  and  sale  thereof,  the  over- 
plus, if  any,  to  be  returned  to  the  said  delinquent. 
Owner  may  en-        Sec.  14.     But  nothing  herein  contained  shall   be  intended  to 
close  land  with    prevent  or  debar  any  person  or  persons  from  inclosing  his  or  their 
wise.  grounds,  in  any  manner  they  please,  with  sufficient  walls  or  fences 

of  timber,  other  than  those   heretofore  mentioned,  or  by  dikes, 
hedges  and  ditches,  all  such  walls  and  fences  to   be  in  height  at 
Height  of  walls    least  five  feet  from  the  ground ;  and  all  dikes  to  be  at  least  three 
w  e  ges.  ^^^^  .^  height  from  the  bottom  of  the  ditch,  and   planted  and  set 

with  thorn  and  other  quickset,  so  that  such   inclosures  shall  fully 
answer  and  secure  the  several  purposes  meant  to  be  answered  and 
Proviso.  secured  by  this  law :  provided,  that  such  walls  or  fences  of  tim- 

ber, other  than  those  heretofore  mentioned,  and  dikes,  hedges  and 
ditches,  shall  be  subject  to  all  provisions,  inspections  and  restric- 
tions, to  which  by  this  chapter,  any  other  inclosure  or  fence  is  made 
liable,  according  to  the  true  intent  and  meaning  hereof. 
Damages  where  Sec.  15.  If  any  horse,  mare,  gelding,  colt,  mule  Or  ass,  shecp, 
toroul^^'auffi-   lamb,  goat,  kid,  bull,  cow,  heifer,  steer  or  calf,  or  any  hog,  shoat 

«ient  fence. ■ ■ 

(1)  Fence  vieweis  aie  now  elected  by  the  people.    See  ante,  p  24,  sco.  i. 


DIV.  3.]  INCLOSURES  AND  FENCES.  135 

or  pig,  shall  break  into  any  person's  inclosure,  the  fence  being  good 
and  sufficient,  the  owner  of  such  animal  or  animals,  shall  be  liable 
in  an  action  of  trespass,  to  make  good  all  damages  to  the  owner  or 
occupier  of  the  inclosure,  for  the  first  oflfence  single  damages  only, 
and  ever  afterwards  double  the  damages  sustained. 

Sec.  16.     The  condition  of  the  fence  at  the  time  the  trespass  Condition  of 
was  committed,  may  be  proven  upon  trial,  and  on  complaint  madCp'royen'o^^riai; 
by  the  party  injured  before  any  justice  of  the  peace  of  the  county  mannor  of  pi-o- 
wherein  such  trespass  shall  be  made,  such  justice  is  hereby  author-       °^' 
ized  and   required  to  issue  a   summons  without  delay,  to  three 
respectable  householders  of  the  neighborhood,  noways  related  to 
either  of  the  parties,  nor  interested  concerning  the  trespass,  reciting 
the  complaint  and  requiring  them  to  view  the  fence  where  the  tres- 
pass is  complained  of,  and  their  testimony  in  such  case,  shall  be 
good  evidence  touching  the  sufficiency  of  the  fence. 

Sec.  17.     If  any  person   injured   for  want   of  such    sufficient  Damages  where 
fence,  shall  hurt,  wound,  kill,  lame  or  destroy,  or  shall  cause  to  be  fuu^wounded  or 
hurt,  wounded,  killed,   lamed  or   destroyed,  by  shooting,    hunting '"^^ed. 
with  dogs  or  otherwise,  any  of  the  aforesaid  animals,  he  or  she  so 
offisnding,  shall  satisfy  or  pay  the  owner  of  the  same,  the  damages 
with  costs,  recoverable  as  aforesaid :   provided,  that   if  the  party 
liable  to  damages  as  aforesaid,  in  either  case,  will  abide  and  pay 
what  may  be  deemed  reasonable  by  three  neighbors,  indifferently 
chosen  to  assess  the  same,  it  shall  be  a  bar  against  such  suit. 

Sec.  18.     All  animals  trespassing,  the  owners  of  the  same  (if  Animals  trespass- 
known)  shall  be  notified  thereof,  and  if  they  shall  refuse  to  secure  edf"*^  esecur- 
the  said  animals  and  prevent  their  trespassing,  the  persons  on  whom 
the  trespass  was  committed,  shall  be  authorized  to  secure  the  same, 
supplying  the  aforesaid  animals  with    provender   and  water,  for 
which  they  shall  receive  a  compensation  from  said  owner  :   provi-  Pi^o^^so- 
ded,  That  if  said  animals  shall  receive  any  abuse  or  damage  from 
said  persons,  they  shall  be  barred  from  any  compensation  for  the 
aforesaid  services. 

Sec.  19.     When  any  person  or  persons  may,  by  mistake,  erect  Fences  erected  by 
and  make  a  fence  or  inclosure  on  the  land  of  another  person,  then,  of  another,  n»r 
and  in  that  case,  when  the  line  or   lines   are  legally  run  by  the  **«  removed. 
proper  authority,  and  the  fence  and  inclosures  are  known  to  be  on 
the  land  of  such  other  person,  the  person  or  persons  making  such 
fence  or  fences  as  aforesaid,  through  mistake,  shall  be  empowered  and 
authorized  by  this  chapter  to  enter  into  the  said   land  of  another, 
doing  as  little  damage  as  possible,  and  take  away  the  rails,  posts, 
wood  and  stones  of  which  said  fence  or  fences  are  made  and 
erected,  within  one  year  from  the  time  said  line  or  lines  may  be 
legally  run. 

Sec.  20.     The  owner  or  owners  of  any  land  whereon  a  fence  Fence  not  to  b« 
or  fences  may  have  been  made  by  mistake,  shall  not  throw  down,  ^f*^  ^°^  °°* 
nor  in  any  manner  disturb  the  said  fence  or  fences  for  one  year 
from  the  time  such  mistake  is  found  out. 

Sec.  21.     When  either  the  owner  of  the  rails, "or  the  owner  of  Notice  to  partUa 
the  land  is  desirous  of  having  the  line  or  lines  run,  dividing  such  Burveylines. 


136  INCLOSURES   AND   FENCES.  [dIV.  3. 

land,  then,  in  that  case,  the  person  wishing  such  survey,  shall  give 
the  other  person  notice  in  writing,  ten  days  before  such  survey  is 
made,  of  the  time  and  place  of  making  such  survey. 
Approved  March  3,  1845. 

An  Act  to  amend  chapter  fifty-one  of  the  Revised  Statutes,  entitled  "  Inclos- 
•  ures  and  Fences." 

In  force  April  20      SECTION  1.     Be  it  enacted  hy  the  people  of  the  State  of  Illinois^ 
^^^-  represented  in  the   General  Assembly,  That  where   two  or  more 

persons  shall  have  lands  adjoining,  each  of  them  shall  make  and 
Line  fences  how  i^aintain  a  just  proportion  of  the  division  fence  between  them, 
maintained!        except  the  owncr  or  owners  of  either  of  the  adjoining  lands  shal^ 

choose  to  let  such  land  lie  open.^ 
When  land  lies        §  2.     When  any  person  shall  have  chosen  to  let  his  land  lie 
wMdfl^ioseT    open,  if  he  shall  afterward  inclose  the  same,  or  if  any  owner  of 
land  adjoining  upon  the  inclosure  of  another,  he  shall  inclose  the 
same  upon  the  inclosure  of  another,  he  shall  refund  to  the  owner 
of  the  adjoining  lands  a  just  proportion  of  the  value  at  that  time 
of  any  division  fence  that  shall  have  been  made  by  suck  adjoining 
owner,  or  he  shall  immediately  build  his  proportion  of  such  divi- 
sion fence. 
Value  of  fence,        §  3.     The  valuc  of  such  fcnce  and  the  proportion  thereof  to  be 
how  determmed.  p^j^j  y^y  such  person,  and  the  proportion  of  the  division  fence  to  be 
made  and  maintained  by  him,  in  case  of  his  enclosing  his  land, 
shall  be  determined  by  any  two  fence  viewers  of  the  town,  in 
counties  where  township  organization  shall  have  been  adopted,  and 
in  other  counties  by  any  two  fence  viewers  of  the  county.^ 
Disputes  how  set-     §  4.     If  disputes  arise  between  the  owners  of  adjoining  lands 
concerning  the  proportion  of  fence  to  be  made  or  maintained  by 

(1)  It  is  held  that  any  person  occupying  land,  and  interested  in  the  making  and  maintain- 
ing a  division  fence,  be  his  estate  or  interest  in  the  premises  what  it  may,  is  entitled  to  avail 
himself  of  the  provisions  of  the  statute  in  reference  to  division  fences ;  the  remedy  is  not 
limited  to  the  owner  of  the  fee. — Bronk  t.  Becker,  17  Wend.,  320. 

(2)  Adjoining  owners  should  always  endeavor,  if  possible,  to  mutually  agree  as  to  the  pro- 
portion that  each  shall  maintain  of  the  division  fence  between  their  adjoining  lands ;  the     ■ 
agreement  should  be  reduced  to  writing ;  each  party  taking  a  copy.    The  following  is  sug- 
gested as  a  convenient  form  for  such  agreement : 

Form  of  Agreement  to  divide  and  maintain  a  division  fence  between  adjoining 

ovmers. 
This  agreement  made  thia  —  day  of ,  A.  D.  one  thousand  eight  hun- 
dred and ,  between  A.   B,   of  the  town  of  Waukegan,  in  the  county  of 

Lake,  and  the  state  of  Illinois,  of  the  one  part,  and  C.  D,  of  the  same 
town,  of  the  other  part,  witnesseth,  that  whereas  the  said  A.  B.  has  hereto- 
fore erected  a  fence  on  the  division  line  between  his  lands  and  the  lands  of 
the  said  C.  D.,  which  said  fence  commences  at  (describe  the  location  of  the 
fence.)  And  whereas,  after  the  erection  of  said  fence  the  said  C.  D.  inclosed 
a  field  on  the  east  side  of  said  division  line,  so  that  sizti/  rods  of  said  fence, 
commencing  at  the,  &c.,  (describe  the  location  of  said  portion  of  fence,)  has 
become  and  now  is  a  partition  fence  between  the  fields  of  the  said  A.  B.  and 

C.  D. ;    and  whereas,  the  said  C.  D.  has  paid  to  the  said  A.  B. dollars, 

being  in  full  for  one-half  of  the  value  of  said  .nxti/  rods  of  fence,  it  is  there- 
fore agreed  between  the  parties  hereto  that  the  thirti/  rods  of  fence  on  the 


DIV.  3.]  INCLOSURES   AND    FENCES.  Vol 

either  of  them,  such  disputes  shall  be  settled  by  any  two  of  the 
fence  viewers  of  the  town,  in  counties  where  township  organization 
shall  have  been  adopted,  and  in  other  counties  by  any  tw  o  fence 
viewers  of  the  county ;  and  in  such  cases  it  shall  be  the  duty  of 
the  two  fence  viewers  to  distinctly  mark  and  define  the  proportion 
of  the  fence  to  be  made  or  maintained  by  each. 

§  5.     When  any  of  the  above  mentioned  matters  shall  be  sub-  Viewers,  ho\y 
mitted  to  fence  viewers,  each  party  shall  choose  one,  and  if  either  ^"p^^g"**'"* 
neglect  after  eight  days'  notice  to  make  such  choice,  the  other  party 
may  select  both.' 

north  part  of  said  sixty  rods  shall  be  well  and  sufficiently  maintained  and 

kept  in  repair  by  the  said  A.  B.,  and  the  remainder  of  said  sixty  rods  shall 

be  kept  in  like  repair  by  the  said  C.  D. 

In  witness  whereof,  the  said  parties  have  hereunto  set  their  hands  and 

seals  the  day  and  year  first  above  written. 

A.  B.,     [seal.] 
C.  D.,      [seal.] 

Where  a  dispute  arises  as  to  the  proportion  of  a  fence  to  be  maintained  by  each  party,  it  . 

may  be  settled  by  fence  viewers,  even  where  there  has  been  an  agreement  on  the  subject. — 
Burgrr  v   Kortiuri^ht,  4  Johns.,  414. 

The  decision  of  the  fence  viewers  as  to  the  proportion  of  fence  of  each  party,  is  not  neces- 
sary where  there  is  no  dispute  between  them. —  Willougkby  y.  Carlton,  9  Johns.,  13G. 

^Fortn  of  Notice  to  adjoining  owners.,  to  choose  fence  viewer  to  settle  dispute. 

To  Richard  Roe, 

Sir: — A  dispute  having  arisen  between  youand  myself,  being  the  adjoining 
owncTB  of  lands  in  the  town  of  Earl,  in  the  county  of  La  Salle,  and  state  of 
Illinois,  (.onceraiug  the  proportion  of  division  fence  to  be  made,  (or  main- 
tained) l)y  ctich  of  us  upon  the  line  of  our  said  lands,  your  land  in  question 
being  known  as  [describe  the  land  withreawnable  certainty,)  and  mine  as  (de- 
scribe the  land.)  I  have  Qhosan  James  White,  one  of  the  fence  viewers  of 
said  town,  and  do  hereby  give  notice  to  you  to  proceed  and  choose  another 
of  the  fence  viewers  of  said  town,  to  the  end  that  said  dispute  between  us 
may  be  settled  and  decided  by  the  said  fence  viewers  according  to  law  and 
as  shall  seem  to  them  just  and  right,  and  that  if  you  shall  neglect  to  make 
such  choice  for  eight  days  after  receiving  this  notice,  I  shall  make  such 
choice  myself,  and  proceed  to  have  said  matter  in  dispute  adjusted  by  the 
fence  viewers  thus  chosen  by  me,  the  same  as  if  one  of  them  had  been 
chosen  by  you.  Yours,  &e., 

James  E.  Gammon. 

Dated,  &c. 

Fcrm  of  Submissio7i  of  dispute  between  adjoining  oioners  to  two  fence  viewers. 
To  Peter  Telton  and  James  Grady,  two  of  the  ience  viewers  of  the  town  of 

Scott,  in  the  county  of  Ogle  and  state  of  Illinois. 

A  dispute  having  arisen  between  the  undersigned,  A.  Wilher  and  B.  L. 
Beach,  adjoining  owners  of  lands  in  said  town  of  Scott,  concerning  the  pro- 
portion of  division  fence  to  be  made  (or  maintained)  by  each,  on  the  line  of 
their  respective  lands,  the  land  of  the  said  A.  Wiber  being  described  as 
fol  ows :  (describe  the  land  with  reasonable  certainty,)  and  that  of  the  said 
B.  L.  Beach,  h&'mg  described  as  follows:  (describe  the  land) — the  said  A. 
Will>er  has  therefore  chosen  you  the  said  Peter  Tilton,  and  the  said  B.  L. 
Beach  has  chosen  you  the  said  James  Grady,  as  two  fence  viewers  of  said 
town  of  Scott,  to  the  end  that  you  may  proceed  to  settle  and  decide  said 
matter  of  dispute :  and  the  undersigned  do  hereby  submit  said  matter  of 
dispute  to  you  the  said  fence  viewers,  and  reouest  that  you  will  proceed 


138  INCLOSURES   AND   FENCES.  [DIV.  3. 


Examine  prem-        §  6.     The  two  fence  viewers  so  chosen  shall  examine  the  prem- 
ises- jges  and  hear  the  allegations  of  the  parties.     In  case  of  their  disa- 
Deasion  to  be     gj.ggjj^gjjt  thgy  ghall  select  another  fence  viewer  to  act  with  them, 
and  the  decision  of  any  two  of  them  shall  be  final  upon  the  parties 
to  such  dispute,  and  upon  all  parties  holding  under  them. 
Decision  reduced      §  7.     The   decision  of  the  fence   viewers   shall   be  reduced  to 
wel"""^  ^^^    writing ;  shall  contain  a  description  of  the   fence   and  of  the  pro- 
portion to  be  maintained  by  each,  and  their  decision   upon  any 
other  point  in  dispute  between   the  parties,  submitted  to  them  as 
aforesaid ;  and  shall  be  forthwith  filed  in  the  office  of  the  town 
clerk,  or  in  the  office  of  the  circuit   court   in   counties  which  shall 
have  not  adopted  township  organization.* 

according  to  law,  and  settle  and  decide  the  same  as  shall  seem  to  you  just 
and  right. 

Dated  this  —  day  of ,  18 — . 

A.  WiLBER, 

B.  L.  Beach. 

^Form  of  Decision  of  fence  viewers  in  relation  to  dispute  between  adjoining 

owners. 
Adams  County,    ) 
Town  oiLiberty,  ) 

Whereas,  we,  the  undersigned,  two  of  the  fence  viewers  of  said  town  of 
Liberty  having  been  chosen  by  Robert  Voeth  and  Johti  Jackson,  adjoining 
owners  of  lands  in  said  town,  for  the  purpose  of  settling  and  deciding  a  dis- 
pute which  has  arisen  between  them  concerning  the  propoi  ton  of  division 
fence  to  be  made  (or  maintained)  by  each  of  them,  on  the  line  between  their 
said  lands,  the  land  of  the  said  RobertVoeth  being  described  as  follows:  ^cfe- 
scribe  the  land  or  field  in  question)  and  the  land  of  the  said  Jolm  Jackson 
being  described  as  follows :    (describe  the  land  or  field,)  and  the  said  Robert 

Voeth  and  John  Jackson  having  on  the  —  day  of ,  18 — ,  submitted  the 

said  matter  in  dispute  to  us,  for  our  settlement  and  decision,  we  did,  on  the 
—  day  of ,  18 — ,  proceed  and  examine  the  premises,  and  hear  the  alle- 
gations of  the  parties.  The  said  fence  we  find  to  be  a  rail  fence,  commonly 
called  a  Virginia  or  worm  fence,  running  north  and  south,  in  length,  one 
hundred  and  sixty  rods,  and  being  the  division  fence  between  the  lands  above 
described,  that  the  same  was  originally  erected  jointly  by  the  parties  and 
divided  equally  between  them,  the  said  John  Jackson  taking  the  south  half 
thereof  for  his  portion  by  agreement,  and  that  the  said  John  Jackson  now 
neglects  and  refuses  to  keep  his  portion  of  the  same  in  proper  repair.  We 
do,  therefore,  adjudge  and  determine  that,  (conclude  with  the  determination 
of  the  fence  viewers  according  to  the  fact.) 

Given  under  our  hands  this  —  day  of ,  A.  D.  18 — . 

L.  P.  Groter, 
Joseph  Rhoades. 

Form  of  Decision  offence  viewers,  where  two  caji  not  agree,  and  another  is 

selected. 
Stephenson  County,  ) 
Town  of  Wadoms,    P^' 

A  dispute  having  arisen  between  A  B  and  C  D,  two  adjoining  owners  of 
lands  in  said  town  of  Wadoms,  concerning  the  proportion  of  division  fence 
to  be  made  (or  maintained)  by  each  of  them  on  the  line  of  their  said  lands, 
the  land  of  the  said  A  B  being  described  as  follows :  (describe  the  land  or 
field  in  question,)  and  the  lands  of  said  C  D,  being  described  as  follows :  (de- 
scribe the  land  or  field,)  the  said  parties  did  on  the  —  day  of  ,  18^, 

submit  the  said  matter  in  dispute  to  the  undersigned,  William  Shippy  and 
Nelson  Wait,  two  of  the  fence  viewers  of  said  town  of  Wado?ns,  for  their  set- 
tlement aud  decision,  the  said  parties  having  chosen  said  fence  viewers  for 


DIV.  3.]  INCLOSURES  AND  FENCES.  139 

§  8.     If  any  person  who  is  liable  to  contribute  to  the  erection  Persons  rofusiog 
or  reparation  of  a  division  fence,  shall  neglect  or  refuse,  for  the  other  partyto 
period  of  four  weeks  after  notice  in  writing  so  to  do,  to  make  and  make. 
maintain  his  proportion  of  such  fence,  the  party  injured  may  make  feeoygred'^"  ^°^ 
or  repair  the   same   at  the  expense  of  the  party  so  neglecting  or 
refusing,   to  be   recovered    from  him  with  costs  of  suit;'  and  the 
party  so  neglecting   or    refusing,   after   notice   in  writing,  shall  be 
liable  to  the  party  injured    for  all  damages  which  shall  thereby 
accrue,  to  be  determhied  by   any  two  fence  viewers  selected  as 
above  provided,  and  the  fence  viewers  shall  reduce  their  appraise- 
ment of  damages  to  writing,  and  sign  the  same.'* 

that  purpose,   the  said  fence   viewers   did,  therefore,  on  the — day  of , 

18 — ,  proceed  and  examine  the  premises  and  liear  the  allegations  of  the  par- 
ties, (here  set  forth  a  description  of  the  fence  as  contained  in  the  forego- 
ing form,  as  near  as  the  case  wiil  admit, )  and  the  said  two  fence  viewers, 
being  unable  to  agree  in  the  premises,  did  select  Norman  Phi/lips,  another 
fence  viewer  of  said  town,  to  act  with  them  in  making  such  settlement  and 
decision ;  and  we,  the  undersigned,  being  now  fully  advised  in  the  premises, 
do  adjudge  and  determine  that  (conc^««<Ze  according  to  the  determination  of 
the  viewers.^ 

Given  under  our  hands  this  —  day  of ,  18 — . 

William  Shippt, 
Nelson  Wait, 
Norman  Phillips. 

^Form  of  Notice  to  adjoining  oimer  to  contribute  to  erection  or  reparation  of  di- 
vision fence. 
To  Richard  Sampson  : 

Sir: — You  are  hereby  notified  to  repair  that  portion  of  the  division  fence 
on  the  line  between  your  land  and  mine,  situate  in  the  town  of  Barry,  and 
county  of  Pike,  according  to  the    decision  of  Jo.nah  Lippencott  and  John 

Head,  two  of  the  fence  viewers  of  said  town,  made  on  the  —  day  of , 

18 — ^  and  filed  in  the  office  of  the  town  clerk  of  said  town,  on  the  —  day  of 

,  18 — ,  and  that  if  you  shall  neglect  to  repair  the  same,  agreeably  to  said 

decision,  for  the  period  of  four  weeks  from  the  date  of  receiving  this  notice,  I 
shall  proceed  myself  and  repair  said  fence   at  your  expense. 

Dated  this  —  day  of ,  A.   D.   18— . 

Yours,  &c.,  L.  N.  Ferris. 

*  Form  of  Appraisal  of  damages  hyyence  viewers,  accruing  to  adjoining  owner, 
by  reason  of  neglect  to  make  or  repair  fences. 
Whiteside  County,    ) 
Town  of  Portland,    \     ' 

Whereas  we,  the  undersigned,  two  of  the  fence  viewers  of  the  said  town 
of  Portland,  having  been  chosen  by  P.  B.  Besse  and  John  Smith,  adjoining 
owners  of  lands  in  said  town,  for  the  purpose  of  appraising  the  damages 
claimed  by  the  said  P.  B.  Besse,  and  accruing  to  him  in  consequence  of  the 
neglect  of  the  said  John  Smith,  to  repair  his  proportion  of  a  division  fence 
mentioned  and  described  in  a  certain  decision  made  by  (s^a^eby  whom  made, 
or  if  the  fence  has  been  divided  by  agreement,  state  that  fact  and  vary  the 

call  accordingly,)   on  the  —  day  of  ,   18 — ,   and  reduced  to  writing 

and  filed  in  the  office  of  the  town  clerk  of  said  town  o{  Portland.     We  did, 

on  the  —  day  of ,  18 — ,  proceed  to  examine  the  premises  ;  and  after  due 

inquiry  and  examination  by  us  made,  and  having  heard  the  allegations  of  the 
parties,  we  do  determine  that  the  said  P.  B.  Besse  has  sustained  damages  to 
his  land,  crops,  fruit  trees,  and  shrubbery  (or  as  the  case  may  be,)  in  conse- 
quence of  the  neglect  of  the  said  Johji  Smith  to  repair  his  proportion  of  the 


140  INCLOSURES   AND    FENCES.  [dIV.    3. 

Partition  fence,        §  9.     If  any  person  who  shall  have  made  his  proportion  of  a 
how  removea.      <jivision  fence  shall  be  disposed  to  remove  his  fence  and  suflFer  his 
lands  to  lie  open,  after  having  first  given  the  adjoining  owner  at 
least  sixty  days'  previous  notice  in  writing  of  his  intention  so  to  do, 
he  may  at  any  time  between  the  first   day  of  December,  in  any 
year,  and  the  first  day  of  April  following  but  at  no  other  time,  re- 
move the  same.' 
Damages  in  case       §   10.     If  any  such  fence  shall  be  removed  without  such  notice, 
out'notice!  ^'^"  ^'^^  P^i'ty  removing  the  same  shall  pay  to  the  party  injured  all  such 
damages  as  he  may  thereby  sustain,  to  be  recovorf'd  witli  oo-Jt  of 
suit.^ 
Division  fence de.      §  11.     Whenever  a  division  fence  shall  be  injured  or  ilesti-oyed 
s^ye  ,   ow  re-  ^^  g^^^  floods  or  Other  casualty,  the  person  bound  to  make  and  re- 
pair such  fence,  or  any  part  thereof,  shall  make  or  repair  the  same, 
or  his  just  proportion  thereof,  within  ten  days  after  he  shall  be 
thereto  required  by  any  person  interested  therein,  such  requisition 
to  be  in  writing,  and  signed  by  the  party  making  the  same.' 

division  fence,  as  aforesaid ;  which  damages  we  have  ascertained,  and  do  ap- 
praise at dollars. 

Witness  our  hands,  this  —  day  of  ,  A.  D.  IS — . 

P.  S.  Logan, 
R.  Brown. 

The  question  arises  as  to  the  nature  and  extent  of  damages  which  ■will  come  under  the 
jurisdiction  of  fence  viewers  to  appraise.  It  was  held  by  the  Supreme  Court  of  New  York, 
under  a  lilce  provision  of  law,  that  fence  viewei'S  are  authorized  only  to  appraise  damages  sus- 
tained by  the  neglect  or  refusal  of  a  party  to  make  or  maintain  his  proportion  of  a  division 
fence,  for  ordinary  injuries  resulting  from  defective  fences,  such  as  the  treading  down  and 
destruction  of  grass,  corn,  wheat,  and  other  crops,  the  extent  of  which  can  be  ascertained 
upon  view  or  by  inspection  ;  and  that  they  have  not  the  right  to  appraise  damages  where  the 
injury  sustained  is  the  death  of  cattle  caused  by  eating  unripe  com,  in  the  fields  of  a  party 
who  has  neglected  to  keep  his  proportion  of  a  division  fence  in  repair. —  Clark  v.  Broivn,  18 
Weiiil.,  213. 

The  court  for  the  correction  of  errors,  affirmed  the  judgment  of  the  supreme  court,  but 
the  members  being  equally  divided  iu  oi}imon,  the  judgment  of  affirmance  has  not  been  con- 
sidered as  setting  the  case — lb. 

^  Frn'tn  of  Notice  by  adjoining  owner,  of  his  intentio7i  to  remove  his  share  of 

division  fence. 
To  Herman  Basset: 

Sir: — You  will  take  notice  that  I  desire  to  remove  my  portion  of  the 
division  fence  on  the  line  of  our  adjoining  lands,  {describe  the  location  of  the 
fence  with  reasonable  certainty,)  that  my  said  lands  may  hereafter  lie  open, 
and  that  I  shall  remove  the  same  after  the  expii'ation  of  sixty  days  from  the 
date  of  your  receiving  this  notice. 

Dated  this  —  day  of ,  A.  D.  18 — .  Yours,  &c., 

Joseph  G  older. 

(2)  Where  a  party  removes  a  division  fence,  without  having  previously  ^i'*'"  <•''<*  rrquiied 
notice,  the  party  injured  thereby  is  not  limited  to  a  suit  for  the  recovery  of  actual  d.imagea 
Bustiiued  in  consequence  of  such  removal,  but  may  make  the  fence  anew,  and  recover  the  ex- 
pense thereof  by  action. 

If  actual  damages  are  sustained,  as  the  loss  of  a  crop  for  instance,  caused  by  the  i-emoval 
of  the  fence,  an  action  for  the  recovery  of  such  damages,  as  well  as  a  suit  to  recover  the  ex- 
pense of  making  the  fence,  may  be  sustsdned.—Ric/iardson  v.  McDougcUl,  11  Wend.,  46. 

^Form  of  Notice  to  person  to  make  or  repair  fence  injured  by  fire,  food,  or 
other  casualty. 
To  A.  B., 

Sir : — I  do  hereby  request  you  to  repair  that  portion  of  the  division  fence 


Diy.  3.]  INCLOSURES   AND   FENCES.  141 

§  12.     If  such  person  shall  neglect  or  refuse  to  make  or  repair  in  ca«e  of  neglect 
kis  proportion  of  such  fence  for  the  period  of  ten  days  after  such  *^  '^  ^°- 
request,  the  party  injured  may  make  or  repair  the  same  at  the  ex- 
pense of  the  party  so  refusing  or  neglecting,  to  be  recovered  with 
costs  of  suit. 

§  13.     Fence  viewers  may  examine  witnesses  on  any  and  all  viewers  examine 
questions  submitted^to  them,  and  either  of  such  fence  viewers  shall  ^i'°«^es- 
have  power  to  issue  subpoenas  for  and  administer  oaths  to  such 
witnesses. 

§  14.     In  all  counties  which  shall  not  have  adopted  township  in  what  counties 
organization,  justices  of  the  peace  shall  be  ex-officio  fence  viewers  ^"wer?.*" 
of  the  county. 

§  15.  Fence  viewers  shall  be  entitled  to  one  dollar  and  fifty  "^^J®"^'  '^°* 
cents  per  day  each  for  the  time  necessarily  spent,  as  above  provided, 
to  be  paid  in  the  first  instance  by  the  party  requiring  the  services, 
and  all  expenses  of  the  view  shall  be  borne  equally  between  the 
parties,  except  in  case  of  view  to  appraise  damages  for  neglect  or 
refusal  to  make  or  maintain  a  just  proportion  of  a  division  fence, 
in  which  case  the  costs  of  view  shall  be  paid  by  the  party  in  de- 
fault, and  may  be  recovered  as  a  part  of  the  damages  assessed. 

§  16.     Damages  accruing  to  any  person  or  persons  under  the  Dams^,  how  r«. 
provisions  of  this  act  may  be  recovered  in  an  action  of  assumpsit, 
and  justices  of  the  peace  shall  have  jurisdiction  in  all  cases  where 
the  damages  claimed  shall  not  exceed  one  hundred  dollars. 

§  17.     So  much  of  said  chapter  fifty-one  of  the  revised  statutes  Repeal  of  prior 
as  is  inconsistent  with  the  provisions  of  this  act  is  hereby  repealed.  '*^- 

Approved  Feb.  18,  1857. 

on  the  line  between  our  adjoining  lands  in  the  town  of  Rush,  and  county  of 
Jo  Daviess,  which  you  are  bound  to  repair,  {describe  the  fence  in  question.) 
Should  you  neglect  to  repair  said  fence  for  the  period  of  ten  days  from  this 
date,  I  shall  proceed  myself  to  repair  the  same  at  your  expense. 
Dated  this  —  day  of ,  18 — .  Yours,  &c., 

G.  N.  TOWNSEKD. 


142 


PAUPERS. 


[DIV.  4. 


DIVISION    IV. 


PAUPERS. 


Who  considered 
pavipers ;  what 
relatives  to  sup- 
port each  other. 


Penalty  for  neg- 
lect. 


Proviso. 


Order  in  which 
relatiyes  shall  he 
liahle. 


Proviso. 


When  pauper  haa 
no  relatives,  how 
jrelieved. 


If  non-resident 
pauper  be  sick  or 
die,  expenses  how 
paid. 


[From  Chapter  80  of  the  Revised  Statutes.] 

Section  1.  Every  poor  person  who  shall  be  unable  to  earn  a 
livelihood  in  consequence  of  any  bodily  infirmity,  idiocy,  lunacy, 
or  other  unavoidable  cause,  shall  be  supported  by  the  father,  grand- 
father, mother,  grand-mother,  children,  grand-children,  brothers  or 
sisters  of  such  poor  person,  if  they  or  either  of  them  be  of  suffi- 
cient ability.  And  every  person  who  shall  fail  or  refuse  to  sup- 
port his  or  her  father,  grand-father,  mother,  grand-mother,  child  or 
grand-child,  sister  or  brother,  when  directed  by  the  county  commis- 
sioners' court  of  the  county  where  such  poor  person  shall  be  found, 
whether  such  relative  reside  in  the  same  county  or  not,  shall  forfeit 
and  pay  to  the  said  county  commissioners,  for  the  use  of  the  poor 
of  their  county,  the  sum  of  five  dollars  for  every  month  for  which 
they  or  either  of  them  shall  fail  or  refuse,  to  be  recovered  in  the 
name  of  the  county  commissioners'  court,  for  the  use  of  the  poor 
as  aforesaid,  before  any  justice  of  the  peace,  or  any  other  court 
having  jurisdiction :  provided,  that  when  any  persons  become  pau- 
pers from  intemperance  or  other  bad  conduct,  they  shall  not  be 
entitled  to  support  from  any  relation,  except  parent  or  child. 

Sec.  2.  The  children  shall  first  be  called  on  to  support  their 
parents,  if  there  be  children  of  sufficient  ability,  and  if  there  be 
none  of  sufficient  ability,  the  parents  of  such  poor  person  shall  be 
next  called  on,  and  if  there  be  no  parents  or  children,  the  brothers 
and  sisters  of  such  poor  pers^on  shall  next  be  called  on,  and  if  there 
be  no  brothers  or  sisters,  the  grand-children  of  such  poor  person 
shall  next  be  called  on,  and  then  the  grand-parents :  provided, 
married  females,  whilst  their  husbands  live,  shall  not  be  liable  to  a 
suit. 

Sec.  3.  When  any  such  poor  person  shall  not  have  any  such 
relatives  in  any  county  in  this  state,  as  are  named  in  the  preceding 
sections,  or  such  relative  shall  not  be  of  sufficient  abihty,  or  shall 
fail  or  refuse  to  maintain  such  pauper,  then  the  said  pauper  shall 
receive  such  relief  as  his  or  her  case  may  require,  out  of  the  county 
treasury,  in  the  manner  hereinafter  provided. 

Sec.  4.  When  any  non-resident,  or  any  other  person  not  com- 
ing within  the  definition  of  a  pauper,  shall  fall  sick  or  die  in  any 
county  of  this  state,  not  having  money  or  property  to  pay  his  board, 
nursing  and  medical  aid,  it  shall  be  the  duty  of  the  overseers  of 
the  poor  of  the  proper  district,  or  if  there  be  none,  then  of  the 
nearest  county  commissioner  of  the  county,  upon  complaint  being 
made,  to  -give  or  order  to  be  given  such  assistance  to  such  poor 


DIV.  4.]  PAUPERS.  143 

person  as  they  may  deem  just  and  necessary ;  and  if  said  sick  per- 
son shall  die,  then  the  said  overseers  or  county  commissioner  shall 
give  or  order  to  be  given  to  such  person,  a  decent  burial:  and  the 
said  overseers  or  county  commissioners  shall  make  such  allowance 
for  board,  nursing,  medical  aid  or  burial  expenses  as  they  shall 
deem  just  and  equitable ;  which  allowance  shall  be  laid  betbre  the 
county  commissioners'  court,  and  the  said  court  shall  allow  either 
the  whole,  or  such  reasonable  and  just  part  thereof  as  ought  to  be 
allowed,  and  order  the  same  to  be  paid  out  of  the  county  treasury. 

Sec.  5.  The  justices  of  the  peace  in  each  justice's  district,  in  Overseers  of  tt»e 
conjunction  with  such  other  person  as  the  county  commissioners  in  ^°'^^' 
the  several  counties  in  this  state,  may  appoint,  shall  be,  and  are 
hereby  made,  overseers  of  the  poor,  and  are  vested  with  the  entire 
and  exclusive  superintendence  of  the  poor  in  their  respective  dis- 
tricts, excepting  in  case  of  corporate  towns  or  cities,  to  which  such 
superintendence  and  jurisdiction  shall  be  by  law  granted.' 

Sec.  6.  It  shall  be  the  duty  of  the  said  justices  within  their  Duty  of  oTerscew 
respective  districts,  and  the  person  appointed  as  aforesaid,  diligently  °^  '^®  p*'"'^- 
to  inquire  after  all  such  persons  as  are  unable  to  earn  a  livelihood, 
in  consequence  of  any  bodily  infirmity,  idiocy,  lunacy,  or  other 
unavoidable  cause,  and  to  provide  for  them  the  necessary  comforts 
of  life,  by  confiding  the  care  of  such  poor  person  or  persons  to 
some  moral  and  discreet  householder  or  householders  in  the  dis- 
trict, of  sufficient  ability  to  provide  for  them.  Every  person  to 
whom  the  care  of  such  poor  person  shall  be  committed,  shall  exe- 
cute a  bond  to  the  county  in  which  said  poor  person  shall  reside, 
conditioned  that  he  will  treat  said  poor  person  with  humanity,  and 
afford  to  him  or  her  the  necessary  attention  and  comforts  of  life, 
fitted  to  his  or  her  condition.  Said  bond  shall  set  forth  the  sum 
to  be  given  by  said  county  for  keeping  such  poor  person  or  per- 
sons. 

Sec.  7,     Said  overseers  shall,  at  each  session  of  the  county  com-  overseers  to 
missioners' court,  make  a  full  report  of  their  actings  and  doings  ^*l^®p.P°'^'<'' 
under  this  chapter,  and   return  a  list  of  all  the  poor  within  their    '^^   ^*°^^' 
respective  districts,  specifying  the  age,  sex  and  in^rmities  of  each. 

Sec.  8.     Upon  the  making  of  said  report,  it  shall  be  the  duty  AppropriatioM 
of  the  several  county   commissioners'  courts,  to  make  such  appro-  ^°'^  support  of 
priations  as  will  justify  the  person  having  the  custody  of  any  poor  ^""'^ 
person,  in  affording  to  him  or  her  suitable  clothing,  and  such  com- 
forts as  may  be  suitable  to  their  state  and  condition. 

Sec.  9.  Any  sum  set  forth  in  the  bond  executed  by  any  county  Bond  of  county 
as  aforesaid,  may  be  lessened  or  increased  at  the  discretion  of  said  ^^^  ^^  lessened, 
county,  without  affecting,  in  either  case,  the  validity  of  the  bond. 

Sec.  10.     The  county  commissioners'  court  may,  at  any  regu- Custody  of  poor 
lar  term  of  said  court,  remove  any  poor  person  from  the  custody  ^^STged^*' ^ 
of  the  person   or  persons  to  whose  care  the  overseers  may  have 
committed  the  keeping  of  such  poor  person,  without  subjecting  the 
overseers  or  the  county  to  any  claim  for  damages. 

(1)  Incountieshaving  township  organization,  overseers  of  the  poor  are  elected  by  the  people 
m  each  town,  see  ante  p.  23 


144  PAUPERS.  [div.  4. 

Labor  of  pauper.      Sec.  11.     The  overseers,  in  fixing  the  amount  to  be  paid  for 

keeping  any  poor  person,  shall  take  into  the  calculation  the  ability 

of  the  poor  person  to  labor. 

Kesidenceofpau-      Sec.  12.     Any  person  becoming  chargeable  as  a  pauper  in 

tataed"^  "^'^^^     *^^^^  ^^^^^}  shall  be  chargeable  as  such  pauper  in  the  county  in 

which  he  or  she  resided  at  the  commencement  of  the  thirty  days 

immediately  preceding  such  person  becoming  so  chargeable. 

Non-resident  Sec.  13.     If  any  pcrson  shall  bccomc  chargeable  in  any  county 

pauper  may  be    jj^  ^ijich  ^6  or  she  did  not  reside  at  the  commencement  of  the 

rcDiovGci  to  prop*  ,  ->  •        i  t* 

er  county.  thirty  days  immediately  preceding  his  or  her  becoming  so  charge- 

able, he  or  she  shall  be  duly  taken  care  of  by  the  proper  authority 
of  the  county  where  he  or  she  may  be  found  ;  and  it' shall  be  the 
duty  of  the  clerk  of  the  county  commissioners'  court,  to  send  notice 
by  mail,  to  the  clerk  of  the  county  commissioners'  court  of  the 
county  in  which  such  pauper  resided,  as  before  stated,  that  said 
person  has  become  chargeable  as  a  pauper,  and  requesting  the 
authorities  of  said  county  to  remove  the  said  pauper  forthwith, 
and  to  pay  the  expense  accrued  in  taking  care  of  him  or  them. 

Liability  of  such      Sec.  14.     If  Said  paupcr,  by  reason  of  sickness  or  disease,  or 

proper  county.  ^^  neglect  of  the  authorities  of  the  county  to  which  he  or  she 
belongs,  or  for  any  other  sufficient  cause,  can  not  be  moved,  then 
the  county  taking  charge  of  such  individual  or  individuals  may  sue 
for  and  recover  from  the  county  to  which  said  individual  or  indi- 
viduals belong,  the  amount  expended  for  and  in  behalf  of  such 
pauper  or  paupers,  and  in  taking  care  of  the  same. 

Term  residence  Sec.  15.  The  term  "residence"  mentioned  in  this  chapter, 
shall  be  taken  and  considered  to  mean  the  actual  residence  of  the 
party,  or  the  place  where  he  or  she  was  employed,  or  in  case  he  or 
she  was  in  no  employment,  then  it  shall  be  considered  and  held  to 
be  the  place  where  he  made  it  his  or  her  home. 

Penalty  to  convey      Sec.  16.     If  any  person  shall  bring  and  leave  any  pauper  or 

pauper  into  coun- •  \       •       .-i  •        i^i.         •  i.- 

tyheisnotresi-  paupers  m  any  county  in  this  state,  wherein  such  pauper  is  not 

dent  of.  lawfully  settled,  knowing  him  or  them  to  be  paupers,  he  shall  for- 

feit and  pay  the  sum  of  one  hundred  dollars  for  every  such  offence, 
to  be  sued  for  and  recovered  by  and  to  the  use  of  such  county,  by 
action  of  debt,  before  any  justice  of  the  peace  in  the  proper 
county. 

P'^F-houses  to.be  Sec.  17.  The  county  commissioners'  court  in  each  county,  is 
hereby  authorized  (whenever  it  shall  see  fit  so  to  do)  to  establish 
a  poor-house. 

Land  may  be  Sec.  18.     The  county  commissioners  are  hereby  authorized  to 

•cquire  or.  ^^^^  ^^  ^j^^  county,  by  grant,  devise  or  purchase,  any  tract  of  land, 
not  exceeding  six  hundred  and  forty  acres,  for  the  purposes  of  said 
poor-house. 

Donations  for  Sec.  19.     Said  county  commissioners' courts  are  hereby  em- 

pov/ered  to  receive  donations  to  aid  in  the  establishment  of  such 
poor-house,  and  are  also  empowered,  from  time  to  time,  if  it  shall 

be^^ed '  °^^  ^^^  ^^'  ^^  ^^^^  ^'^^  Collect  a  tax,  not  exceeding  one-fourth  of  one 
per  cent.,  on  the  taxable  property  of  the  county,  and  to  appropri- 
ate the  same  to  the  purchase  of  land,  not  exceeding  the  aforesaid 


DIV.  4.]  PAUPERS.  145 

six  hundred  and  forty  acres,  and  to  erect  and  furnish  buildings 
suitable  to  a  poor-house,  and  to  put  it  into  operation,  and  to  defray 
the  annual  expenses  of  said  poor-house,  should  the  labors  of  the 
inmates  be  inadequate  thereto. 

Sec.  20.     Said  county  commissioners'  courts  are  hereby  author-  Agents  may  be 
ized  to  employ  such  agents  and  other  persons  as  may  be  necessary,  employed. 
to  establish  and  put  into  operation  such  poor-house. 

Sec.  21.     Whenever    any   county   commissioners'  court  shall  when  poor-house 
enter  upon  their  records,  that  they  have  established  a  poor-house,  "stabushed,  over- 
and  that  such  poor-house  is  ready  for  the  reception  of  the  poor  of  ce^^.  "^  ^ 
the  county,  then  the  authority  conferred  upon  the  overseers  of  the 
poor  shall  cease  to  be  in  force  in  said  county :  provided^  however,  if  Proviso, 
there  be  any  particular  case  or  cases  which  the  court  should  deem 
prudent  to  put  out  under  the  provisions  of  this  chapter,  they  may 
do  so,  making  a  proper   entry   of  the   circumstances  upon  their 
records. 

Sec.  22.     The  title  to  the  property  authorized  to  be  acquired  Title  to  land,  in 
by  this  chapter,  for  the  purpose  of  said  poor-house,  shall  be  made  ^'^^'^^y- 
to  the  county.  « 

Sec.  23.  The  county  commissioners'  court  of  any  county  in  Poor-house  farm 
this  state  may,  if  they  shall  at  any  time  deem  it  to  the  interest  of  "h^d!  '*'"" 
said  county,  appropriate  out  of  any  fund  appropi'iated  to  said 
county  for  any  purpose,  or  other  money  belonging  to  said  county, 
any  sum,  not  exceeding  two  thousand  five  hundred  dollars,  for  the 
purpose  of  purchasing  a  farm,  and  erecting  thereon  suitable  build- 
ings for  a  poor-house  for  said  county,  as  contemplated  in  sections 
seventeen,  eighteen  and  nineteen  of  this  chapter. 

Approved  March  3,  1845. 

An  Act  to  amend  sections  twelve  and  thirteen  of  chapter  eighty  of  the  Re- 
vised Statutes,  entitled  "Paupers." 

Section  1.     Be  it  enacted  hy  the  People  of  the  State  of  Illinois,  Jn  tone  ApTii2i, 
represented  in  [the']    General  AssemUy,    That  section  twelve  of 
chapter  eighty  of  the  Revised  Statutes,  entitled  "  Paupers,"  be  so  Prior  law  amend, 
amended  as  to  read  as  follows  :  any  person  becoming  chargeable  ^^- 
as  a  pauper,  in  this  state,  shall  be  chargeable  as  such  pauper  in 
the  county  in  which  he  or  she  resided  at  the  commencement  of  six  Residence  of  pai*. 
months  immediately  preceding  such  person  becoming  so  chargeable.  ^^' 

§  2.     That  section  thirteen  of  said  chapter  shall  be  so  amended  Non-resident 
as  to  read  as  follows:     If  any  person  shall  become  chargeable  in  papers  to  be  t».; 

,  .   ,     ,  1        1 . -1  •!  1  ken  care  of  and 

any  county  m  which  he  or  she  did  not  reside  at  the  commencement  expen.se  charged 
of  the  six  months  immediately  preceding  his  or  her  becoming  so  *°  p^^p^' *''"*^*'* 
chargeable,  he  or  she   shall  be  duly  taken  care  of,  h^  the  proper 
authority  of  the  county  where  he  or  she  may  be  found ;  and  it 
shall  be  the  duty  of  the  clerk  of  the  county  court  to  send  notice, 
by  mail,  to  the  clerk  of  the  county  court  in  which  such  pauper 
resided,  as  before  stated,  that  said  person  has  become  chargeable 
as   a  pauper,  and  requesting   the  authorities   of  said  county  to 
remove  the  said  paupers  forthwith  and  pay  the  expenses  accrued 
in  taking  care  of  him  or  her. 
Approved  February  22,  1861. 
10 


146 


PAUPERS. 


[div.  4. 


An  Act  to  amend  an  Act  entitled  "An  Act  to  provide  for  Township  Organiza- 
tion,"  and  to  extend  tiie  powers  and  duties  of  overseers  of  the  poor. 

OTerseers  of  poor      SECTION  1.     Be  it  enacted  hy  the  people  of  the  State  of  Illinois, 
may  bind  out      represented  in  the  General  Assembly,  That  in  all  counties  that  have 
persons!  °  ^""'^   adopted,  or  may  hereafter  adopt,  township  organization,  the  over- 
seers of  the  poor  in  their  respective  towns  may,  with  the  consent 
of  the  judge  of  the  county  court,  bind  out  apprentices  or  servants, 
the  minor  children  of  any  poor  person  who  has  become  chargeable 
to  their  town,  as  having  a  lawful  settlement  therein,  or  who  is  sup- 
ported there,  in  whole  or  in  part,  at  the  charge  of  the  county  ;  and 
also  all  minor  children  who  are  themselves  chargeable  to  the  town 
as  having  a  laAvful  settlement  therein,  or  as  poor  persons  supported 
Pro-riso.  by  the  county  :  provided,  that  no  minor  shall  be  bound  under  the 

provisions  of  this  act  unless  such  minor  shall  have  become  charge- 
able as  a  pauper.* 

'^Form  of  Indenture  binding  a  poor  Child  by  Overseer  of  the  Poor. 

'    This  indenture,  made  and  entered  into  on  the  —  day  of ,  A.  D.  18 — , 

by  and  between  Francis  Ht  Porter,  overseer  of  the  poor  of  the  town  of 
Waukegan,  in  the  county  of  Lake,  for  the  year  18 — ,  of  the  first  part,  and 
Samuel  I.  Bradbury,  of  said  town  of  the  second  part,  witnesseth : 

Whereas,  it  hath  been  made  to  appear  to  said  overseer  of  the  poor,  that 
Joltn  Jones  is  the  minor  child  of  poor  parents,  who  have  become  chargeable 
to  said  town  as  having  a  lawful  settlement  therein  ;  {or  who  are  supported, 
&c.,  stating  such  a  case  as  comes  within  the  law,)  therefore  the  said  overseer 
of  the  poor,  by  virtue  and  conformity  to  the  law,  in  such  case  made  and 
provided,  hath  bound  the  said  John  Jones,  who  is  now  of  the  age  of  —  years, 
to  the  said  Samuel  I  Bradbury,  as  an  apprentice  to  learn  the  art  or  trade  of  a 
printer,  and  as  such  apprentice,  to  dwell  with  and  serve  the  said  Sainuel  I. 
Bradbury,  from  the  date  hereof,  until  the  said  John  Jones  shall  have  attained 

the  age  of  twenty-one  years,  which  will  be  on  the  —  day  of ,  18 — .     And 

it  is  hereby  agreed  and  understood  that  the  said  John  Jones  shall  well  and 
faithfully  serve  the  said  Samuel  I.  Bradbury  during  the  said  term,  and  shall 
obey  all  his  lawful  and  reasonable  commands  ;  that  he  will  not  willingly  do  or 
suffer  to  be  done,  any  harm  or  damage  to  the  goods,  property  or  interest  of 
the  said  master ;  that  he  will  not,  without  leave,  absent  himself  from  the  ser- 
vice of  his  said  master,  but  that  he  shall,  in  all  things,  during  the  said  term, 
demean  and  behave  himself  as  a  good  and  faithful  apprentice  to  his  said  mas- 
ter. And  the  said  Samuel  I.  Bradbury  doth,  on  his  part,  hereby  covenant  and 
agree,  in  consideration  of  the  undertaking  and  binding  aforesaid,  to  tcach  and 
instruct  the  said  John  Jones  in  the  said  trade  of  a  printer,  or  otherwise  cause 
him  to  be  well  and  sufficiently  taught  and  instructed  in  said  trade ;  that  he 
■will  furnish  and  provide,  or  cause  to  be  found,  furnished  and  provided,  unto 
the  said  John  Jones,  meat,  drink,  lodging,  and  suitable  and  proper  clothing 
in  sickness  and  in  health,  and  medicine,  medical  attendance,  and  nursing  in 
sickness,  during  the  said  term.  And  the  said  Samuel  I.  Bradbury  further 
covenants  and  agrees  that  he  will  teach,  or  cause  to  be  taught,  the  said  Joh?i 
Jones  to  read  and  write,  and  the  ground  rules  of  arithmetic ;  and  at  the  expi- 
ration of  said  term,  will  pay  to  him,  the  said  John  Jones,  the  sum  of  — 
dollars,  a  new  bible,  and  two  complete  suits  of  new  wearing  apparel  suitable 
to  his  condition  in  life,  {or  such  other  instruction,  benefit  or  allowance  as  may 
be  agreed  upon.) 

In  witness  whereof,  the  said  parties  have  hereto  set  their  hands  and  seals. 
on  the  day  and  year  first  above  written. 

Francis  H.  Porter,     [skal.] 
Overseer  of  the  Poor  of  the  town  of  Waukegan. 
Samuel  I.  Bradbury,     [seal,] 


DIV.  4.]  PAUPERS.  147 

§  2.  Such  children,  whether  over  or  under  the  age  of  fourteen  Term  of  service, 
years  may  be  bound — females  to  the  age  of  eighteen  years,  and 
males  to  the  age  of  twenty-one  years — and  provision  shall  be  made 
in  the  contract  for  teaching  such  children  to  read,  write,  and  the 
ground  rules  of  arithmetic,  and  for  such  other  instruction,  benefit 
and  allowance,  either  within  or  at  the  end  of  their  term  of  appren- 
ticeship, as  the  overseer  may  think  reasonable. 

§  3.     No  minor  shall  be  so  bound  by  the  overseer  of  the  poor  indentures  de- 
unless   by  indentures   of  apprenticeship,   executed  in  duplicate,  by  ^'"urk!''^''^'*''''^ 
the  overseer  of  the  poor  and  by  the  master,  one  copy  to  be  retained 
by  the  master,  and  one  copy  shall  be,  by  the  overseer  of  the  poor, 
deposited  with  the  town  clerk,  to  be  kept  by  said  town  clerk  for  the 
use  of  the  minor. 

§  4.  All  considerations  of  money,  or  other  things  paid  or  allowed  Moneys  or  other 
by  the  master,  upon  any  contract  of  service  or  apprenticeship, made  tominors!^*^"™ 
in  pursuance  of  this  act,  shall  be  paid  or  secured  to  the  sole  use  of 
the  minor  hereby  bound. 

§  5.     The  overseers  of  the  poor  shall  inqOire  into  the  treatment  Dverseers  to  in- 
of  all  children  bound   by  them,  and  of  all  who   shall  have  been  S.'"'"*  ^"^*^ 
bound  by  their   predecessors  in  office,  and  defend  them  from  all 
cruelty,  neglect  and  breach  of  contract  on  the  part  of  their  mas- 
ters. 

§  6.  In  case  of  any  misconduct  or  neglect  of  the  master,  a  Misconduct  or 
complaint  may  be  filed  by  the  overseer  of  the  poor,  (or  in  case  of  neglect  of  maeten 
absence  of  such  overseer  of  the  poor,)  the  supervisor  of  the  town 
in^vhicli  such  minor  was  bound  by  the  judge  of  the  county  court, 
setting  forth  the  facts  and  circumstances  of  the  case ;  and  the  said 
court,  after  having  duly  notified  the  master  of  such  complaint,  by 
giving  said  master  at  least  ten  days'  notice  of  the  time  and  place, 
that  he  will  proceed  to  hear  and  determine  the  cause. 

§  7.     After  a  free  hearing  of  the  parties,  or  of  the  complaint  Trial  of  parties. 
alone,  if  the  master  shall  neglect  to  appear,  the  court  may  render  Judgment  to  b« 
a  judgmenir  or   decree,   that   the   minor   be   discharged  from  his 
apprenticeship   or  service,  and  for  the  costs  of  the  suit  against  the 
master,  and  may  issue  execution  for  the  same. 

§  8.     If  the  complaint,  shall    not  be   maintained,  and  it  shall  where  complain* 
appear  to  the  satisfaction   of  the  said  court  that  the  comi)laint  was '^°?'f """**''"* 

J  •  1        X  •  11  1  1     ,1  1       ed,  judftmeat 

made  without   any  just  or  reasonable  cause,  the  court  shall  render  tor  costs, 
judgment  for  the  costs  against  the  complainant. 

§  9.     This  act  to  take  effect  and  be  in  force  from  and  after  its  . 

passage.  ™^ 

Approved  March  4,  1854. 

An  Act  authorizing  boards  of  supervisor.^;  of  the  several  counties  to  dispose 
of  certain  real  estate  therein  named,  and  to  confer  upon  them  certain  otlier 
powers. 

Section  1.     £e  it  enacted  by  the  people  of  the  State  of  7?^'no?'s,  Board  of  super. 
represented  in  the   General  Assembly :    That  the  board  of  super-  ^^^^''J'^l^f^ 
visors  of  the  several  counties   in   this   state,  which   have  adopted  farms. 
township  organizations,  be  and  they  are  hereby  authorized  and 


148  PAUPERS.  [div.  3. 

empowered  to  sell  and  dispose  of  the  poor  farms  of  their  respective 
counties,  at  such  time  and  on  such  terms  as  they  may  think  proper, 
and  upon  said  sale  being  made,  and  said  premises  being  paid  for 
Deed  of,  how  ex-  accordinff  to  the  terms  and  conditions  of  said  sale,  it  shall  be  the 
duty  of  the  chairman  of  the  board  of  supervisors  to  make,  execute 
and  deliver  to  the  purchaser  or  purchasers  of  said  farm,  a  good 
and  sufficient  deed  therefor;  in  behalf  of  said  county,  which  deed 
shall  convey  the  interest  of  said  county  in  and  to  said  farm,  to  the 
said  purchaser  or  purchasers  thereof. 
Former  sales  le-       §  2.  All  salcs  of  the  poop  farms  belonging  to  the  said  counties 
gajized.  q£  |.jjjg  gi^ate,  heretofore  made  by  the  board  of  supervisors,  are 

hereby  confirmed,  and  it  shall  be  the  duty  of  the  chairman  of  said 
board  to  convey  said  property  by  deed,  as  is  provided  for  in  the 
first  section  of  this  act. 
Deeds  on  former  §  ^-  ^^  ^^  cascs  where  any  real  estate  has  heretofore  been  sold 
sjiiesjhowexecu-  by  the  board  of  supervisors  of  any  county  in  this  state,  acting 
under  township  organization,  or  by  the  county  commissioners  of 
any  such  counties  acting  previous  to  the  adoption  of  the  township 
organization  law,  it  shall  be  the  duty  of  the  chairman  of  the  board 
of  supervisors  in  any  county  where  such  sale  or  sales  has  been 
made  as  aforesaid,  to  convey  the  same  by  deed,  in  behalf  of  said 
county  for  which  he  may  be  acting,  to  the  purchaser  or  purchasers 
of  said  real  estate,  which  said  deed  shall  convey  the  interest  of 
said  county  in  and  to  said  real  estate,  to  the  purchaser  or  pur- 
chasers thereof. 

^    §  4.     This  act  shall  take  eSect  and  be  in  force  from  and  after 
^        its  passage.  -~' 

^^        ^  Approved  Feb.  15,  1855.'^ 


DIV.  5.]  ASSESSMENT   AND   COLLECTION.  149 

DIVISION  V. 

REVENUE. 

ASSESSMENT    AND    COLLECTIOIT. 

An  Act  for  the  assessment  of  property,  and  the  collection  of  taxes,  in  coun-  in  force  Feb.  12, 
ties  adopting  the  township  organization  law.  1853. 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois,  what  property 
represented  in  the  General  Assembly,  That  all  property,  whether  ^M^J®'=* '°  '^^^ 
real  or  personal  in  this  state ;  all  moneys,  credits,  investments  in 
bonds,  stocks,  joint  stock  companies,  or  otherwise,  of  persons 
residing  in  this  state,  or  used  or  controlled  by  persons  residing  in 
this  state  ;  the  property  of  corporations  now  existing  or  hereafter 
created,  and  the  property  of  all  banks,  or  banking  companies,  now 
existing,  or  hereafter  created,  and  of  all  bankers  and  brokers, 
except  such  property  as  is  hereinafter  expressly  exempted,  shall 
be  subject  to  taxation  ;  and  such  property,  moneys,  credits,  invest- 
ments in  bonds,  stocks,  joint  stock  companies,  or  otherwise,  or  the 
Value  thereof,  shall  be  entered  on  the  list  of  taxable  property,  for 
that  purpose,  in  the  manner  prescribed  in  this  act.* 

DEFINITIONS. 

§  2.     The  terms  "  real  property  "  and  "  lands,"  wherever  used  Definitions  of 
in  this  act,  shall  be  held  to  mean  and  include,  not  only  the  land  p'^'^p'^''^^- 
itself,  whether  laid  out  in  town  lots  or  otherwise,  with  all  things  and  lands. 
contained  therein,  but  also  all  buildings,  structures  and  improve- 
ments, and  other    fixtures,  of  whatsoever  kind,  thereon,  and  all 
rights  and  privileges  belonging  or  in  anywise  pertaining  thereto. 
The  term  "investments  in  bonds,"  wherever  used  in  this  act,  shall  investments  la 
be  held  to  mean  and  include  all  moneys  invested  in  bonds,  of  what-  ^°'^'^- 
soever  kind,  whether    issued  by  incorporated   or  unincorporated 
companies,  towns,  cities,  counties,  states,  or  other  corporations,  or 
by  the  United  States,  held  or  controlled  by  persons  residing  in  this 
state,  whether  for  themselves,  or  as  guardians,  trustees  or  agents, 
on  which  the  holder  thereof  is  receiving  or  is  entitled  to  receive 

(1)  See  JarlcsonviUe  v.  McCormell,  12  lILi.',  138.  Ryanv.  Gallatin  Co.,  14  Id.,  78.  Manby 
ft  al.  V.  Gibson,  Id.,  136.  Glancy  v.  EUiot,  Id.,  436.  Sangamon  ^  Morgan  K.  R.  Co.  v. 
Morgan,  Id.,  163. 

By  reference  to  sec.  61  of  this  act,  it  will  be  seen  that  it  is  made  the  duty  of  the  auditor  of 
public  accounts  to  make  out  and  forward  to  the  clerk  of  the  county  court  of  the  several 
counties,  for  the  use  of  such  clerks  and  other  officers,  suitable  forms  and  instructions  for 
carrying  this  act  into  effect,  which  instructions,  so  given  by  the  auditor,  are  to  be  strictly 
observed  and  complied  with  by  the  officers  receiving  them.  The  auditor  is  also  required  to 
give  his  opinion  and  advice  on  all  questions  of  doubt,  as  to  the  true  intent  and  meaning  of 
this  act ;  hence  but  few  suggestions  have  been  made  in  connection  with  this  act,  in  relation 
to  forms,  or  in  other  respects.  This  prerogative  has  therefore  been  left  with  the  auditor,  to 
■whom,  by  law,  it  belongs,  and  to  whom  reference  should  always  be  made  whenever  questionj 
arise,  and  his  instructions,  it  seems,  will  be  law-  • 


150  REVENUE.  [DIV.5. 

Investments  in    interest.     The  term  "  investment  in  stocks,"  wherever  used  in  this 
Btocks.  ^^^^  gj^^l2  YyQ  tield  to  mean  and  include  all  moneys  invested  in  the 

public  stocks  of  this  or  any  other  state,  or  of  the  United  States,  or 
in  any  association,  corporation,  joint  stock  company,  or  otherwise, 
the  stock  or  capital  of  which  is   or  may  be  divided  into  shares, 
which  are  transferable  by  the  owner,  without  the  consent  of  the 
other  partners  or  stockholders,  for  the  taxation  of  which  no  special 
provision  is  made  by  this  act,  held  by  persons  residing  in  this  state, . 
either  for  themselves,  or  as  guardians,  trustees  or  agents.    The  tei-m 
The  term  oath.     "  oath,"  wlierever  used  in  tliis  act,  shall  be  held  to  mean  oath  or 
affirmation.     Every   word  in   tliis    act  importing   the   masculine 
Word  of  mascu-  gender,  may  extend  and  be  applied  to  females  as  well  as  males. 
c'afdS  females.     The  term  "  personal  property,"  wherever  used  in  this  act,  shall  be 
The  temi  per-      held  to  mean  and  include  every  tangible  thing  being  the  subject  of 
sonai  property,    ^^mership,  whether  animate  or  inanimate,  other  than  money,  and 
not  forming  part  or  any  parcel  of  real  property,  as  hereinbefore 
Capital  stock.      defined.     The  capital  stock,  undivided  profits,  and  all  other  means, 
not  forming  part  or  the  capital  stock  of  every  company,  whether 
incorj)orated  or  unincorporated,  and  every  share,  portion  or  interest 
in  such  stock,  profits,  or  means,  by  whatsoever  name  they  may 
be  designated,  inclusive  of  every  share  or  portion,  right  or  interest, 
Ship,  vessel,  or  ,  either  legal  or  equitable,  in  and  to  every  ship,  vessel,  or  boat,  of 
•*****•  whatsoever  name  or  description,  used  or  designed  to  be  used,  either 

exclusively  or  partially,  in  navigating  any  of  the  waters  within  or 
bordering  on  this  state,  whether  such  ship,  vessel,  or  boat,  shall  be 
within  the  jurisdiction  of  this  state  or  elsewhere,  and  whether  the 
same  shall  have  been  enrolled,  registered  or  hcensed  at  any  col- 
lector's office,  or  Avithin  any  county  or  collector's  district  m  this 
state  or  not.  The  term  "  money  "  or  "  moneys  "  wherever  used  in 
Term  money  or  this  act,  shall  be  held  to  mean  gold  and  silver  coin,  and  bank  notes 
moneys.  -^^  actual  possession,  and  every  deposit  which  the  person  OAvuing, 

holding  in  trust,  or  having  the  beneficial  interest  therein,  is  entitled 
to  withdraw  in  money  on  demand.  The  term  "  credits,"  Avhcrever 
The  term  credits,  used  in  this  act,  shall  be  held  to  mean  and  include  every  claim  or 
demand  for  money,  labor,  or  other  valuable  thing,  due  or  to  become 
due,  or.  every  annuity,  or  sura  of  money  receiA^able  at  stated  j^eriods, 
and  all  money  invested  in  property  of  any  kind  which  is  secured 
by  deed,  mortgage  or  otherwise,  which  the  person  holding  such 
deed,  or  mortgage  or  evidence  of  claim,  is  bound  by  any  lease, 
contract  or  agreement,  to  re-convey,  release,  or  assign,  upon  the 
Proviso.  payment  of  any  specific  sum  or  sums ;  provided,   that  pensions 

receivable  from  the  United  States,  or  from  any  state,  salaries  or 
payments  expected  to  be  received  for  labor  or  services  to  be  per- 
formed or  rendered,  shall  not  be  held  to  be  annuities  within  the 
The  term  prop-    meaning  of  this  act.     The  term  "  property,"  wherever  used  in  this 
*rty  act,  shall  be  held  to  mean  and  include  every  ta,ngible  thing  being 

the  subject  of  ownership,  whether  animate  or  inanimate,  real  or 
personal. 


DIV.  5.]  ASSESSMENT    AND    COLLECTION.  151 

PROPERTY    EXEMPT    FROM    TAXATION. 

§  3.     All  property  described  in  this  section,  to  the  extent  herein  pioporty  exempt, 
limited,  shall  be  exempt  from  taxation  ;  that  is  to  say — 

First.  All  lands   donated  for  school  purposes,  and  not  sold  or  school  lands, 
leased.     All  public  school  houses,  and  houses  used  exclusively  forf^'io'^'"'"'*'"'^?^^ 
public  worship,  the  books  and  furniture  therein,  and  the  grounds  worsiiip"'^  '"""'^ 
attached  to  such  building  necessary  for  the  proper  occupancy,  use 
and  enjoyment  of  the  same,  and  not  leased  or  otherwise  used  with  a 
view  to  profit.     All  colleges,  academies  ;  all  endowments  made  for  CoUeges. 
their  support ;  all  buildings  connected  with  the  same,  and  all  lands 
connected  with  institutions  of  learning,  not  used  with  a  view  to  profit. 
This  provision  shall  not  extend  to  leasehold  estates  of  real   prop-  Ej^ception 
erty,   held   under   the   authority  of  any   college   or  university  of 
learning. 

Second.  All   lands  used  exclusively  as  grave-yai'ds,  or  grounds  crave-yarcUs. 
for  burying  the  dead. 

Third.  All  government  lands  belonging  to  the  United  States,  Goveniment,  and 
and  all  property,  whether  real  or  personal,  belonging  to  this  state,  ^"''^P  ^°'^- 
and  all  the  swamp  and  overflowed  lands  belonging  to  the  several 
counties  of  this   state,  so  long  as  the  same  may  remain  unsold  by 
such  counties. 

Fourth.  All  buildings  belonging  to   counties,  used  for  holding  County  buUd- 
courts,  for  jails,  or  tor  county  offices,  with  the  ground  on  which '"^*' 
such  buildings  are  erected,  not  exceeding  in  any  county  ten  acres. 

Fifth.  All  lands,  houses,  and  other  buildings  belonging  to  any  Almshouses, 
county,  town  or  city,  used  exclusively  lor   the  accommodation  or 
the  support  of  the  poor. 

Sixth.  All  building.s,  with   the  furniture   appertaining  thereto.  Buildings  of 
belonging    to    institutions   of  purely  public   charity,  together  with  g|jj"j^^'^ "^' 
the  lands  actually  occupied  by  such  institutions,  not  leased  or  oth- 
erwise  used  with  a  view  to   profit ;  and  all   moneys   and   credits 
appropriated  solely  to  sustaining,  and  belongiiig  exclusively  to  such 
institutions. 

Seventh.  All  fire  engines,  and   other  implements  used  for  the  Fire  engines  and 
extinguishment  of  fires,  with  the  buildings  used  exclusively  for  the  ™^  ements. 
safe    keeping  thereof,  and  for    the    meetings  of   fire    companies, 
whetlier  belonging  to  any  town,  or  to  any  fire  company  organized 
therein. 

Eighth.   All    market   houses,   public  squares,  or  other   public  PubUc  grounds, 
grounds,  used  exclusively  for  public  purposes ;  and  all  Avorks,  ma- 
chinery, and  fixtures,   belonging  exclusively  to  any  town  or  city, 
and  used  exclusively  for  conveying  water  to  such  town  or  city. 

Ninth.  No  person  shall  be  required  to  list  a  greater  portion  of  personal  credits, 
any  credits  that  [than]  he  believes  will  be  received. or  can  be  col- 
lected ;  nor  any  greater  portion  of  any  obligation  given  to  secure 
the  payment  of  rent,  than  the  amount  that  shall  have  accrued  on 
the  lease  and  shall  remain  unpaid  at  the  time  of  such  listing.  No 
person  shall  be  required  to  include  in  his  statement,  as  a  part  of  investments  in 
personal  property,  moneys,  credits,   investments  in  bonds,  stocks,  p°a^es.  *^  *'*'"*' 


152 


REVENUE. 


[div.  5. 


joint  stock  companies,  or  otherwise,  whicli  he  is  required  to  hst, 
any  share  or  portion  of  the  capital  stock  or  property  of  any  com- 
pany or  corporation  which  is  required  to  hst  or  return  its  capital 
PartnerehipB.  ^nd  property  for  taxation  in  this  state,  nor  shall  any  partner  be 
required  to  list  or  return  any  property,  liability  or  supposed  bal- 
ance of  said  partnership,  due  him,  the  property,  effects,  and  credits 
of  said  partnership  being  listed  by  any  other  partner. 


Property,  when 
listed,  and  how. 


Property  of  ward, 
of  minors,  idiots, 
Innatics,  how 
listed. 


Of  married 
women. 


Estates  of  de- 
ceased persons. 

Corporations. 


Persons  listing  in 
behalf  of  others . 


Real  and  personal 
property  where 
listed. 


Bankers  and 
brokers.    , 


Proviso  as  to  mil- 
itary tract. 


Property  leased 
fcy  societies  by 
t^om  listed. 


BY   WHOM,   WHERE,   AND    IN   WHAT    MANNER    PROPERTY    SHALL 
BE    LISTED. 

§  4.  Every  person  of  full  age  and  sound  mind,  not  a  married 
woman,  shall  list  the  real  property  of  which  he  is  the  owner,  situ- 
ate in  the  town  or  district  in  which  he  resides,  the  personal  prop- 
erty of  which  he  is  the  owner,  all  moneys  in  his  possession,  money 
loaned  or  invested,  and  all  other  property  of  which  he  is  owner ; 
and  he  shall  also  list  all  moneys  invested,  loaned,  or  otherwise 
controlled  by  him,  as  the  agent  or  attorney,  or  on  account  of  any 
other  person  or  persons,  company  or  corporation  whatsoever,  and 
all  moneys  deposited,  subject  to  his  order,  check  or  draft,  and 
credits  due  from  or  owing  by  any  person  or  persons,  body  corpo- 
rate or  politic,  whether  in  or  out  of  such  county.  The  property 
of  every  ward  shall  be  listed  by  his  guardian ;  of  every  minor, 
child,  idiot  or  lunatic,  having  no  other  guardian,  by  his  father,  if 
living,  if  not,  by  his  mother,  if  living,  and  if  neither  father  nor 
mother  be  living,  by  the  person  having  such  property  in  charge  ; 
of  every  wife  by  her  husband,  if  of  sound  mind,  if  not  by  herself; 
of  every  person  for  whose  benefit  property  is  held  in  trust,  by  the 
trustee ;  of  the  estate  of  a  deceased  person,  by  the  executor  or 
administrator ;  of  corporations  whose  assets  are  in  the  hands  of 
receivers,  by  such  receivers ;  of  every  company,  firm,  body  politic 
or  corporate,  by  the  president  or  principal  accounting  officer,  part- 
ner, or  agent  thereof.  Every  person  required  to  list  property  on 
behalf  of  others,  by  the  provisions  of  this  act,  shall  list  it  in  the 
same  county,  town  or  district  in  which  he  would  be  required  to  list 
it  if  such  propei'ty  were  his  own ;  but  he  shall  list  it  separately 
from  his  own,  specifying  in  each  case  the  name  of  the  person, 
estate,  company  or  corporation  to  whom  it  belongs.  Real  property 
shall  be  listed  in  the  county,  town  or  district  where  it  belongs ; 
personal  property,  moneys  and  credits,  except  such  as  is  required 
to  be  listed  otherwise,  shall  be  listed  in  the  county,  town,  or  district 
where  the  owner  resides;  the  property  of  banks  or  bankers,  brokers, 
stock  jobbers,  insurance  or  other  companies,  merchants,  and  manu- 
facturers, shall  be  listed  in  the  county,  town  or  district  where  their 
business  is  usually  done :  provided,  that  in  the  counties  of  the  JNJil- 
itary  Tract,  owners  of  real  estate  shall  not  be  compelled  to  return 
the  same  if  they  desire  it  [to]  go  to  sale,  and  so  inform  the 
assessor. 

§  5.     Property  held  under   a  lease  for  a  term  exceeding  ten 
years,  belonging  to  the  state,  or  to  any  religious,  scientific  or  benevo- 


DIV.  5.]  '  ASSESSMENT   AND   COLLECTION.  153 

lent  society  or  institution,  whether  incorporated  or  unincorporated 
and  school  and  ministeinal  lands,  shall  be  considered,  for  all  pur 
poses  of  taxation,  as  the  property  of  the  person  so  holding  the 
same,  and  shall  be  listed  as  such,  by  such  person,  or  his  agent,  as 
in  other  cases. 

§   6.     Each  person  required  to  list  property,  shall  make  out,  certified  state- 
sign  and  deliver  to  the  assessor,  when  required,  a  certified  state-  n'**"'  of  personal 
ment  of  all  the  personal  property,  moneys,  credits,  investments  in  e'a?^"'^  reqmr- 
bonds,  stocks,  joint  stock  companies,  or  otherwise,  in  his  possession 
or  under  the  control  of  such  person,  which  he  is  required  to  list  for 
taxation,  either  as  owner  or  holder  thereof,  or  as  a  guardian,  parent, 
husband,  trustee,  executoi",  administrator,  receiver,  accounting  offi- 
cer, partner,  agent  or  factor.     Personal  property  shall  be  listed  Date  of  Usting 
with  reference  to  the  quantity  on  hand  and  owned  on  the  first  day  Personal  prop- 
of  May  in  the  year  for  which  the  property  is  required  to  be  listed, 
including  the  property  purchased  on  that  day. 

§  7.     Such  statement  shall  truly  and  distinctly  set  forth  :  ^nVoS^°* 

First.  The  number  of  horses,  and  the  value  thereof.  Horses. 

Second.  The  number  of  neat  cattle,  and  the  value  thereof.  Cattle. 

Third.  The  number  of  mules  and  asses,  and  the  value  thereof.    Mules  and  Asses. 

Fourth.  The  number  of  sheep,  and  the  value  thereof.  Sheep. 

Fifth.  The  number  of  hogs,  and  value  thereof.  Hogs. 

Sixth.  Every  carriage  and  wagon,  of  whatsoever  kind,  and  the  Carriages  and 
value  thereof.  ^^«'''^- 

Seventh.  Every  watch  and  clock,  and  the  value  thereof.  Z^^^^  *°* 

Eighth.  Every  piano  forte,  and  the  value  thereof.  Piano  fortes. 

Ninth.  The  value  of   the  goods  and  merchandise   which  such  Merchandise. 
person  is  required  to  list  as  a  merchant. 

Tenth.  The  value    of  the  property   which  such  person  is  re-  Banicer's  prop- 
quired  to  list  as  a  banker,  broker  or  stock  jobber. 

Eleventh.  The    value  of   materials  and  manufactured  articles  ^^^°g^|^*"'«<^^ 
which  such  person  is  required  to  list  as  a  manufacturer. 

Twelfth.  The  value  of   moneys   and  credits    required   to    be?jJ°i»eysandcred- 
listed. 

Thirteenth.  The  value  of  moneys    invested   in  bonds,  stocks,  Bondsandstocks. 
joint  stock  companies,  or  otherwise,  which  such  person  is  requu-ed 
to  list. 

Fourteenth.  The  total  value  of  all  other  personal  property,  in-  other  personal 
eluding  household  furniture  :  provided,  that  the  value  of  such  prop-  or^uTv^u^^*^ 
erty  shall  be  determined  by  the  assessor. 

§  8.  If  any  person  shall  give  a  false  and  fraudulent  list,  or  l^^f^.f^  ^f  as- 
shall  refuse  to  deliver  to  the  assessor,  when  called  on  for  that  pur-  sessed  double. 
pose,  a  list  of  his  or  her  taxable  property,  as  required  by  law,  the 
assessor,  as  a  penalty  therefor,  shall  assess  the  property  of  such  per- 
son at  double  its  value ;  and  if  said  assessor  shall  neglect  or  refuse 
so  to  do,  he  shall  be  liable  in  each  case  to  a  penalty  of  fifty  dollars, 
to  be  recovered  at  the  suit  of  any  person  who  may  sue  for  the 
same.  ■ 

§  9.     If  the  assessor  believes  that  any  property  has  been  valued  wiien  assessment 
at  less  than  its  true  value,  in  accordance  with  the  rules  and  cus- 


154 


REVENUE. 


[piv.  5. 


Duty  of  assessor,  toms .  of  valuing  property  for  taxation,  he  shall  value  and  charge 
such  property  at  its  true  value,  and  shall  notify  the  person  listing 
such  property  of  such  increased  valuation. 


Property, 
kow  vaiued 


Personal  proper- 
tj"  at  usual  sell- 
ing price. 


Inrestments  in 

stocks. 
Money. 


Credits  at  full 
sum. 


Annuities. 


KULES  FOR  VALUING  PROPERTY. 

§  10.  Each  separate  parcel  of  property  shall  be  valued  at  its 
true  value  in  money,  excluding  the  value  of  crops  growing  there- 
on ;  but  the  price  for  which  such  real  property  would  sell  at  a 
forced  sale  shall  not  be  taken  as  the  criterion  of  such  value.  Each 
tract  or  lot  of  real  property  belonging  to  this  state,  or  to  any  coun- 
ty, city,  town,  or  charitable  institution,  whether  mcorporated  or  un- 
incorporated, and  school  or  ministerial  lands,  held  under  a  lease  for 
a  term  exceeding  ten  years,  shall  be  valued  at  such  a  price  as  the 
assessor  believes  could  be  obtained  at  private  sale  for  such  lease- 
hold state.  Personal  property  of  every  description  shall  be  val- 
ued at  the  usual  selling  price  of  similar  property  at  the  time  of 
listing  and  in  the  county  where  the  same  may  then  be ;  and  if 
there  be  no  usual  selhng  price  known  to  the  person  whose  duty  it 
shall  be  to  fix  a  value  thereon,  then  at  such  price  as  it  is  beUeved 
could  be  obtained  therefor  m  money  at  such  time  and  place.  In- 
vestments in  bonds,  stocks,  joint  stock  companies,  or  otherwise, 
shall  be  valued  at  the  true  value  thereof  in  money.  Money, 
whether  in  possession  or  on  deposit,  shall  be  entered  in  the  state- 
ment at  the  full  amount  thereof:  provided,  that  dejjreciated  bank 
notes  shall  be  entered  at  their  current  value.  Every  credit  for  a 
sum  certain,  payable  either  in  money  or  property  of  any  kind, 
shall  be  valued  at  the  fuU  price  of  the  sum  so  payable ;  if  for  a 
specific  article,  or  for  a  specified  number  or  quantity  of  any  article 
or  articles  of  property,  or  for  a  certain  amount  of  labor  done,  or 
for  services  of  any  kind  rendered,  it  shall  be  valued  at  the  current 
price  of  such  property,  or  of  such  labor  or  service,  at  the  place 
payable.  Annuities,  or  moneys  receivable  at  stated  periods,  shall 
be  valued  at  the  price  which  the  person  hsting  the  same  believes 
them  to  be  worth  in  money. 


Deductions  for 
bona  fide  debts. 


OF  DEDUCTIONS  MADE  FROM  MONEYS  AND  CREDITS. 

§  11.  In  making  up  the  amount  of  moneys  and  credits  which 
any  person  is  required  to  hst  for  himself,  or  any  other  person,  com- 
pany or  corporation,  he  shall  be  entitled  to  deduct  from  the  gross 
amount  of  moneys  and  credits,  the  amount  of  all  bona  jftde  debts 
owing  by  such  person,  company  or  corporation,  to  any  other  per- 
son, company  or  corporation,  for  a  consideration  received ;  but  no 
acknowledgment  of  indebtedness  not  founded  on  actual  considera- 
tion, believed  when  received  to  have  been  adequate,  and  no  such 
acknowledgment  made  for  the  purpose  of  being  so  deducted,  shall 
be  considered  a  debt  within  the  meaning  of  tliis  section ;  and  so 
much  only  of  any  liability,  as  surety  for  others,  shall  be  deducted 
as  the  person  making  out  the  statement  believes  the  surety  is  le- 
gally and  equitably  bound  to  pay,  and  so  much  only  as  he  believes 


DIV.  5.]  ASSESSMENT   AND   COLLECTION.  155 

such  surety  will  be  compelled  to  pay  on  account  of  the  inability  or 
insolveiicy  of  the  principal  debtor ;  and  if  there  are  other  sureties, 
who  are  able  to  contribute,  then  only  so  much  as  the  surety  in 
whose  behalf  the  statement  is  made,  Avill  be  bound  to  contribute  : 
'provided,  that  nothing  in  this  section  shall  be  so  construed  as  to  j^'°' *° »PP'y  ^ 
apply  to  any  bank,  company  or  corporation  exercising  banking 
powers  or  privileges. 

§  12.     No  person,  company  or  corporation,  shall  be  entitled  to  No  deduction  on 
any  deduction  on  account  of  any  bond,  note  or  obligation  of  any  kis'ifrancecouipa. 
kind,  given  to  any  mutual  insurance  company,  nor  on  account  of  "''^'^, '^'^^  ^^v-^^'^ 
any  unpaid    subscription  to  any  religious,  litei'ary,  scientific,  or 
charitable  institution,  or  society ;  nor  on  account  of  any  subscrip- 
tions to  or  installment  payable  on  the  capital  stock  of  any  company, 
whether  incorporated  or  unincorporated. 

OF  LISTING  AND  VALUING  THE  PEOPERTY  OF  MERCHANTS  AND 
MANUFACTURERS,  AND  OF  BANKERS,  EXCHANGE  BROKERS, 
AND  STOCK  JOBBERS. 

§  13.  Every  person  that  shall  own  or  have  in  his  possession,  or  Assessment  of 
subject  to  his  control,  any  personal  property  within  this  state,  with  tridents °ba"°k^ 
authority  to  sell  the  same,  which  shall  have  been  j)urchased  in  or '^rs-uianutuctux 
out  of  this  state,  with  a  view  to  being  sold  at  an  advanced  price  or  "  >  '  " 
profit,  or  which  shall  have  been  consigned  to  him  from  any  place 
out  of  this  state,  for  the  purpose  of  being  sold  at  any  place  within 
this  state,  shall  be  held  to  be  a  merchant ;  and  when  he  shall  be  by 
this  act  required  to  make  out  and  deliver  to  the  assessor  a  state- 
ment of  his  other  personal  property,  he  shall  state  the  value  of 
such  pro[)erty  appertaining  to  his  business  as  a  merchant ;  and  in 
estimating  the  value  thereof,  he  shall  take  as  the  criterion  the  aver- 
age value  of  all  such  articles  of  personal  property  which  he  shall 
have  had  from  time  to  time  in  his  possession,  or  under  his  control, 
during  the  year  next  previous  to  the  time  of  making  such  state- 
ment, if  he  shall  have  been  so  long  engaged  in  business,  and  if  not, 
then  during  such  time  as  he  shall  have  been  so  engaged  ;  and  the 
average  shall  be  made  up  by  taking  the  amount  in  value  on  hand, 
as  nearly  as  may  be,  in  each  month  of  the  next  preceding  year  in 
which  the  person  making  such  statement  shall  have  been  in  busi- 
ness, adding  together  such  amount  and  dividing  the  aggregate 
amount  thereof  by  the  number  of  months  that  the  person  mak- 
ing the  statement  may  have  been  in  business  during  the  pre-pro-nso. 
cedmg  year :  provided,  that  no  consignee  shall  be  required  to  list 
for  taxation  the  value  of  any  property,  the  product  of  this  state, 
which  shall  have  been  consigned  to  him  for  sale,  or  otherwise,  from 
any  place  within  the  state,  nor  the  value  of  any  property  con- 
signed to  him  from  any  there  [other]  place  for  the  sole  purpose  of 
being  stored  or  forwarded  :  provided,  he  shall  in  either  case  have 
no  interest  in  such  property,  or  any  profit  to  be  derived  from  its 
sale  ;  and  the  word  person,%.s,  used  in  this  and  the  succeeding  sec- 


156  REVENUE.  [DIV.    5. 

Person  includes  tions,  shall  be  held  to  mean  and  include  firm,  company  and  incor- 

firm  and  corpo- (.;„„ 

ration.  poration. 

>vho  are  manu-       §  14.     Every  person  who  shall  purchase,  receive  or  hold  per- 
fecturers.  sonal  property  of  any  description,  for  the  purpose  of  adding  to  the 

value  thereof,  by  any  process  of  manufacturing,  refining,  rectifying, 
or  by  the   combination  of  different  Materials,  with  the  view  of 
making  a  gain  or  profit  by  so  doing,  shall  be  held  to  be  a  manufac- 
Manufecturing    turcr ;  and  he  shall  when  he  is  required  to  make  out  and  deliver 
assessment.  *'  '°  to  the  assessor  a  statement  of  the  amount  of  his  personal  property 
subject  to  taxation,  also  include  in  his  statement  the  average  value, 
estimated  as  provided  in  the  preceding  section,  of  all  articles  pur- 
chased or  otherwise  held  for  the  purpose  of  being   used,  in  whole 
or  in  part  in  any  process  or  operation  of  manufacturing,  combin- 
ing, rectifying,  or  refining,  which  from  time  to  time  he  shall  have  had 
on  hand  during  the  year  next  previous  to  the  time  of  making  such 
statement,  if  he  shall  have  been  so  long  engaged  in  such  manufac- 
turing business,  and  if  not,  then  during  the  time  he  shall  have  been 
Products  of  this  SO  engaged  :   provided,  that  from  the  value  of  the  property,  being 
state  excluded.    ^^  product  of  this  State,  the  merchant  or  manufacturer  listing  the 
same,  shall  be  entitled  to  deduct  the  amount  owing  by  him  for  such 
property,  or  for  moneys   invested  therein  :    and  provided  further^ 
that  from  the  value  of  property,  being  the  product  of  stock  of  this 
state,  the  farmer  or  dealer  listing  the  same  shall  be   entitled  to 
deduct  the  amount  owing  by  him  for  such  property,  or  for  moneys 
invested  therein. 
Machinery  to  be       §   ^^"     Every  person  owning  a  manufacturing  establishment  of 
listed.  any  kind,  and  every  manufacturer,  shall  list,  as  a  part  of  his  man- 

ufacturer's stock,  the  value  of  all  engines  and  machinery  of  every  I 
description,  used  or  designed  to  be  used  in  any  process  of  refining  ; 
or  manufacturing,  (except  such  fixtures  as  shall  have  been  consid-  i 
ered  as  part  of  any  parcel  or  parcels  of  real  property,)  including  i 
all  tools  and  implements  of  every  kind,  used  or  designed  to  be  used 
for  the  aforesaid  purposes. 
What  constitutes      §  16.      Every  person  who  shall  have  money  employed  in  the 
a  banker,  broker,  business  of  dealing  in  coin,  notes  or  bills  of  exchange,  or  in  the 
business  of  dealing  in  or  buying  or  selling  any  kind  of  bills  of 
exchange,  checks,  drafts,   bank  notes,  promissory  notes,  bonds,  or 
other    writing  obligatory,  or    stocks  of  any    kind  or   descrij)tion 
whatsoever,  shall  be  held  to  be  a  banker,  broker,  or  stock  jobber : 
Deliver  to  assess-  and  he  shall,  when  he  is  required  to  make  out  and  deliver  to  the 
per^^proper-  ^sscssor  a  statement  of  the  amount  or  value  of  his  other  per.-onal 
ty-  property  subject   to  taxation,  also   include  in   his   statement    the 

average  value,  estimated  as  provided  in  the  thirteenth  section  of 
this  act,  of  all  moneys,  notes,  bills  of  exchange,  bonds,  stocks,  or 
other  property  appertaininf;  to  his  business  as  a  banker,  broker,  or 
stock  jobber,  which  he  shall  have  had  from  time  [to]  time  in  hig, 
possession  or  under  his  conM-ol.  during  the  year  next  previous  to 
the  time  of  making  such  st-itf-nc'it,  if  he  pIimII  have  been  so  long 
engaged  in  such  business,  and  if  not,  thHi  during  the  time  he  shall 
have  been  so  engaged. 


DIV.  5.]  ASSESSMENT  AND   COLLECTION.  157 

§   17.     That  when  any  person  shall  commence  merchandising  in  Merchant,  rom- 
any  county  after  the  first   day  of  May  in  any  year,  the  average  H'^tXy  ^J^'J,"'^ . 
vahie  of  whose  personal  property  employed  in  merchandising  shall  ■^haii  report  to' ' 
not  have  been  previously  entered  on  the  assessor's  list  for  taxation  ""'"'''^ "'""" 
in  said  county,  said  person  shall  report  to  the  clerk  of  the  said 
county,  who  shall   enter  the  same  upon  the  tax  list,  the  probable 
average  value  of  the  personal  property  by  him  intended  to  be  em- 
ployed in  merchandising  until  the  first  of  May  thereafter,  and  shall 
pay  to  the  collector  of  such  county  a  sum  which  shall  bear  the 
same  proportion  to  the  levy  for  all  purposes,  on  the  average  value 
80  employed,  as  the  time  from  the  day  on  which  he  shall  commence 
merchandising  as  aforesaid,  to   the  first   of  May  next  succeeding, 
shall  bear  to  one  year:  provided,  that   if  the  person  so  listing  hisprovbo;  where 
merchant's  capital  shall  present  a  bona  Jide  receipt  from  the  col-  previously  listed, 
lector  of  any  county  in  which   such  merchant's  capital  had  been 
previously  listed  and  taxed  for  the  amount  of  the  taxes  assessed, 
and  by  him  paid,  on  the  same  capital  for  the  same  year,  then  and 
in  that  case  it  shall  be  a  receipt  from  paying  taxes  again  on  such 
capital :  provided  further,  that  if  the  tax  list  had  been  delivered  to  Further  proyia^ 
the  collector  before  the  receipt  of  such  report,  it  shall  be  the  duty  of 
the  clerk,  within  ten  days  alter  receiving  any  such  report,  to  charge 
the  same  to  the  collector,  and  to  notify  such  collector  of  the  amount 
so  charged,  who  shall  collect  and  pay  over  said  amount  in  like 
manner,  as  near  as  may  be,  as  if  it  had  been  regularly  entered  on 
the  tax  list. 

§  18.     That  when  any  person  shall  commence  or  engage  in  the  Bankers  and 
business  of  dealing   in  stocks   of  any  description,  or  in  buying  or  ^^l"^  '^T' 
selling  any  kind  of  bills  of  exchange,  checks,  drafts,  bank  notes,  first  day  of 
promissory  notes,  or  other  kind  of  writing  obhgatory,  as  mentioned  JlSStionTrreport 
in  the  sixteenth  section  of  this   act,  after  the  fii-st  day  of  May,  in  *»  county  clerk, 
any  year,  the  average  value  of  whose  personal  property  employed 
in  such  business  shall  not  have  been  previously  entered  on  the 
assessor's  list  for  taxation  in  said   county,  such  person  shall  report 
to  the  county  clerk  of  the  county,  the  probable  average  value  of 
the  property  by  him  intended  to  be  employed  in  such  business  until 
the  first  day  of  May  thereafter  ;  which  amount  shall  be  entered  on 
the  tax  list,  and  the  taxes  collected  as  in  other  cases. 

§  19.  That  if  any  person  shall  commence  or  engage  in  the  Penalty  for  fell- 
business  of  merchandising,  banking,  brokerage  or  stock  jobbing,  ""  ^  '*^'*' 
and  shaU  not  within  one  month  thereafter  list  his  property  as  be- 
fore required,  he  shall  forfeit  and  pay,  in  addition  to  the  taxes 
authorized  by  law,  a  tax  of  two  per  cent,  on  the  value  of  the  per- 
sonal property  by  him  so  employed,  for  the  use  of  the  county,  to 
be  charged  and  collected  in  like  manner  as  other  taxes ;  said  value 
to  be  ascertained  as  near  as  may  be,  by  the  assessor,  or  if  he  baa 
luade  return  of  the  assessment  list,  then  by  the  clerk. 


158 


REVENUE. 


[div.  5.1 


OF     LISTING    AND     YALUING     THE     PROPERTY     OF     BANKS     AN1>  I 
BANKING    COMPANIES,    AND    OTHER    CORPORATIONS. 

Lifitin"  of  prop-  §  20.  It  shall  be  the  duty  of  the  president  and  cashier  of  every 
erty  of  banking  \)r^^\^  or  banking  company  that  shall  have  been  or  may  be  hcre- 
corporations"  after  incorporated  by  the  laws  of  this  state,  and  having  the  right 
to  issue  bills  for  circulation  as  money,  to  make  out  and  return  to 
the  bank  commissioners,  in  the  month  of  May,  annually,  a  written 
statement  containing  the  average  amount  of  notes  and  bills  dis- 
counted or  purchased  by  such  bank  or  banking  company,  Avhich 
amount  shall  include  all  the  loans  or  discounts  of  such  bank  or 
banking  company,  whether  originally  made  or  renewed  during  the 
year  next  preceding  the  first  of  May,  aforesaid,  or  at  any  time 
previous,  whether  made  on  bills  of  exchange,  notes,  bonds,  mort- 
gages, or  any  other  evidence  of  indebtedness,  at  their  actual  value 
in  money,  whether  due  previous  to,  during,  or  after  the  period 
aforesaid,  and  on  wliich  such  bank  or  banking  company  has  at  any 
time  reserved  or  received,  or  is  entitled  to  receive  any  profit  or 
other  consideration  whatever,  either  in  the  shape  of  interest,  dis- 
count, exchange  or  otherwise.  Stocks  deposited  with  the  state 
treasurer  shall  be  valued  at  the  rate  at  which  they  are  deposited. 
The  bank  commissioners  shall  proceed  to  ascertain  the  amount  of 
the  property  valued  in  accordance  with  the  provisions  of  this  act, 
and  make  return  thereof  to  the  auditor,  who  shall  report  the  same 
to  the  clerk  of  the  proper  county,  and  said  clerk  shall  enter  the 
same  on  the  tax  list  for  taxation. 

§  21.  To  ascertain  the  amount  of  the  notes  and  bills  discounted 
and  purchased,  and  all  other  effects  or  dues,  of  every  descriptiaa, 
belonging  to  such  bank  or  banking  company,  and  liable  to  taxation, 
there  shall  be  taken  as  a  criterion  the  average  amount  of  the  afore- 
said items  for  each  month  during  the  year  next  previous  to  the 
time  of  making  such  statement,  if  such  bank  or  banking  company 
shall  have  been  so  long  engaged  in  business,  and  if  not,  then  dur- 
ing such  time  as  such  bank  or  banking  company  shall  have  been 
engaged  in  business  ;  and  the  average  shall  be  made  by  adding  to- 
gether the  amount  so  found  belonging  to  such  bank  or  banking 
company  in  each  month  said  bank  or  banking  company  was  so  en- 
gaged in  business,  and  dividing  the  same  by  the  number  of  months 
said  bank  or  banking  company  was  thus  engaged  in  business, 
other  companies  §  22.  The  president,  secretary,  or  principal  accounting  officer 
to  list.  Qf  every  railroad  company,  turnpike  or  plank  road  company,  in- 

surance company,  telegraph  company,  or  other  joint  stock  company,- 
except  corporations  whose  taxation  is  specifically  provided  ibr  by 
law,  for  whatever  purpose  they  may  have  been  created,  whetlier  m- 
corporated  by  any  law  of  this  state  or  not,  shall  list  for  taxation,  at 
its  actual  value,  its  real  and  personal  property,  moneys,  credits, 
within  this  state,  in  the  manner  following : 

In  all  cases  return  shall  be  made  to  the  assessor  of  each  of  the 
respective  counties  where  such  property  may  be  situated,  together 


Duty  of  bank 
commissioners 


Notes  and  bills 
discounted. 
Amount,  how 
ascertained. 


Exception. 


PIV.    5.]  ASSESSMENT   AND    COLLECTION.  159 

with  a  statement  of  the  amount  of  said  property  which  is  situated 
in  each  county,  town,  city,  or  ward  therein. 

The  value  of  all  moveable  property  shall  be  added  to  the  sta-  Value  of  move- 
tionary  and  fixed  property  and  real  estate,  and  apportioned  to  such  aaoeu'to'fi^Pd 
wards,  towns,  cities,  and  counties,  pro  rata,  in  proportion  to  the  piopcrtj . 
value  of  the  real  estate  and  fixed  property  in  said  ward,  tov/n,  Brijge  oompa^ 
city  or  county.     The  capital  stock  of  bridge  companies  shall  be  assessed.'"'^ 
assessed  in  the  town  where  their  principal  office  is  located. 

If  the  county  assessor  to  whom  returns  are  made  is  of  opinion  in  case  of  false 
that  false  or  incorrect  valuations  have  been  made,  or  that  the  prop-  '^^iii^''"^. 
erty  of  the  corporation  or  association  has  not  been  listed  at  its  true 
value,  or  that  it  has  not  been  listed  in  the  location  where  it  prop- 
erly belongs,  or  in  cases  where  no  return  has   been  made  to  the 
county  assessor,  he  is  hereby  required  to  proceed  to  have  the  same  Duty  of  county  • 
valued  and  assessed  in  the   same   manner  as  is  prescribed  in  the  "^^'^™'""- 
several  sections  of  this  act  regulating  the  duties  of  county  assessors 
in  cases  of  refusal  or  neglect  to  list  property :  provided,  that  every  Proviso  as  to  in- 
agency  of  an  insurance  company,  incorporated  by  the  authority  of»"'^'i'=eagenci<». 
any  other  state  or  government,  shall  return  to  the  assessor  of  the 
county  in  which  the  olfice  or  agency  of  such  company  may  be  kept, 
in  the  month  of  May,  annually,  the  amount  of  the  gross  receipts 
of  such  agency,  which  shall  be  entered  on  the  tax  list  of  the  proper 
county  and  subject  to  the  same  rate  of  taxation  for  all  purposes 
that  other     ersonal    property   is   subject  to  at  the  place  where 
located. 

ASSESSORS.      THEIR   DUTIES.      "WHEN    PROPERTY  TO   BE 
ASSESSED,    ETC. 

§  23.     All  property,  except  real  property,  shall  be  assessed,  Proporty  how 
annually  ;  real  property  shall  be  assessed,  as  provided  for  by  this  °^°  assessed, 
act,  in  the  year  1853,  aid  every  two  years  thereafter,  until  other- 
wise provided  for  by  law.' 

§  24.     All  lands  and  town   lots  owned  by  any  person,  and  not  Non-resident 
situated  in  the  town  whei'e  such  owner  may  reside,  shall  be  taxed  "^^    ^^    "'^" 
as  non-resident,  and  assessed  in  the  town  where  the  same  shall  lie. 

§  25.     Every  assessor  before  he  enters  upon  the  duties  of  his  Assessor's  official 
office,  shall  take  and  subscribe  an  oath  that  he   will,  according  to  ^^^' 
the  best  of  his  judgment,  skill   and  abiUty,   diligently,  faithfully 
and  impartially,  perform  all  the  duties  enjoined  on  him  as  such 
assessor.^ 

§  2G.     If  any  person  elected  to  the  office  of  county  treasurer  if  treasurer  fcii« 

(1)  Amended,  see  ante,  p.  59,  sec.  6 — real  property  is  now  required  to  be  assessed  annually. 

"^Form  of  Assessor''s  Oath  on  entering  upon  the  duties  of  his  office. 
State  of  Illinois,  ) 
Lake  County,  ) 

I,  Daniel  Brewer,  being  elected  Assessor  in  and  for  the  town  of  Warikecfan 
fnthe  county  oi  Lake,  for  the  year  1856,  do  solemnly  swear  that  I  will  sup- 
port the  Constitution  of  the  United  States,  and  of  the  state  of  Illinois, 
ind  I  Will,  according  to  the  best  of  my  judgment,  skill  and  ability,  diligently, 


160  REVENUE.  [dIV.  5. 

to  give  bond  or    shall  fail  to  give  bond  as  collector,  or  shall  neglect  or  refuse  to  take 
take  oath.  ^^  ^^^^  as  required  by  this  act,  his  office   shall  be   considered 

vacant,  and  the  board  of  supervisors   shall  be  immediately  caUed 
Office  become  var  together  by  the  county  clerk,  and  shall  forthwith  fill  such  vacancy 
cant,  supervisors  by  the  appointment  of  some  suitable  person,  who  shall  qualify  and 
to  fiu  vacancy,     jjggj^arge  the  duties  of  such  treasurer  and  collector,  in  like  manner 
as  if  he  had  been  regularly  elected  to  said  office,  until  one  is  elected 
and  qualified. 
Assessor  when  to      §  27.     The  asscssor  shall,  between  the  first  days  of  May  and 
proceed  to  take    jyjy^  ^ud  after  being  furnished  with  the  necessary  blanks,  proceed 
to  take  a  list  of  the  taxable  property  in  his  town,   and  assess  the 
value  thereof  in  the  manner  following,  to  wit : 
Shall  call  at  office     He  shall  call  at  the  office,  place  of  doing  business,  or  residence 
,  or  residence  of     ^f  g^^j^  person  required  by  this  act  to  list  property,  and  shall 
require  such  person  to  make  a  correct  statement  of  his  taxable 
property,  in  accordance  with  the  provisions  of  this  act,  and  the 
assessor,  or  the  person  listing  the  property,  shall  enter  a  true  and 
correct  statement  of  such  property  and  the  value  thereof,  in  a 
printed  or  written  blank  prepared  for  that  purpose  ;  which  state- 
ment, after  being  filled  out,  shall  be  signed  by  the  person  listing 
the  property,  and  delivered  to  the  assessor. 
Should  owner  be      §  28.     K  any  person  required  by  this  act  to  list  property  shall 
8ick  or  absent.     ^^  ^^^^  ^^  absent  when  the  assessor  calls  for  a  list  of  his  property, 
the  assessor  shall  leave  at  the  office,  usual  place  of  residence  or 
business  of  such  person  a  written  or  printed  notice,  requiring  such 
Duty  of  assessor,  person  to  make  out  and  leave  at  the  usual  place  of  collecting  taxes 
in  that  precinct,  or  at  the  office  of  said  assessor,  on  or  before  some 
convenient  day  named  therein,  a  statement  of  the  property  which 
he  is  required  to  list,  and  shall  leave  with  such  notice  a  printed 
or  written  blank  for  the  statement  required  of  such  person.     The 
Date  of  leaving    date  of  leaving  such  notice,  and  the  name  of  the  person  required 
nouc^etobe         ^^  ^^^  ^^^  property,  shall  be  carefully  noted  by  the  assessor  in  a 
book  to  be  kept  for  that  purpose  ;  and  if  any  such  person  shall 
neglect  or  refuse  to  dehver  the  statement,  properly  made  out  and 
signed  as  required,  the  assessor  shall  make  the  assessment  as  re- 
quired by  this  act. 
Oaths,  who  shall      §  29.     Assessors  and  deputy  assessors,  justices  of  the  peace  and 
a4nuni3ter.         clcrks  of  the  county  courts,  are  authorized  and  empowered   to 
administer  any  oath  relating  to  the  assessment  of  property  required 
by  this  act. 
Refusal  to  list  §  30.     In  every  case  where  any  person  shall  refuse  to  make  out 

property.  ^^^  deliver  to  the  assessor  a  statement  of  the  personal  property, 

moneys,  and  credits  which  he  is  required  to  list,   as   provided  by 

faithfully  and  impartially  perform  all  the  duties   enjoined  on  me  as  such 
assessor. 

{Add  the  Dueling  clause,  according  to  the  form  on  page  36.) 

Daniel  Breweb. 
Taken  and  subscribed  before  me,      ) 

this  —  day  of ,  A.  D.  18—.  J 

Hiram  Hugunin,  Justice  of  the  Peace. 


DIV.  5.]  ASSESSMENT    AND    COLLECTION.  161 

this  act,  the  assessor  shall,  in  every  such  ease,  proceed  to  ascertain  Duty  of  aMessor. 
the  number  of  each  description  of  the  several  articles  of  personal 
property  subject  to  taxation  enumerated  in  this  act,  the  value 
thereof,  the  value  of  the  personal  property  subject  to  taxation 
other  than  enumerated  articles,  and  the  value  of  the  moneys  and 
credits  of  which  a  statement  shall  have  been  withheld  as  aforesaid, 
as  the  case  may  require ;  and  to  enable  him  so  to  do,  he  is  hereby 
authorized  to  examine  on  oath  any  person  whom  he  may  suppose 
to  have  knowledge  of  the  amount  or  value  of  the  personal  prop- 
erty, moneys  or  credits,  which  the  person  so  refusing  was  required 
to  list. 

§  31.     If  any  person  who  shall  be  required  by  the  assessor  to  R^/usai  ^  pye 
give  evidence,  as  provided  in  the  preceding  section,  shall  refuse  to  '*^'**°'^®- 
be  sworn  by  the  assessor,  or  having  been  sworn,  if  he  shall  refuse 
to  answer  such  questions  as  the  assessor  shall  put  to  him  touching 
the  subject  of  inquiry,  any  justice  of  the  peace  of  the  town  or  dis- 
trict, to  whom  the  assessor  may  make  application  therefor,  sliall 
summon  such  person  to  appear  before  him  at  such  time  as  the  Justice  may 
assessor  shall  designate,  and  answer  on  oath  all  pertinent  questions  ?" appea/a^"" 
which  may  be  put  to  him  by  the  assessor,  or  his  order,  touching  the  answer  ou  oath, 
amount  and  value  of  the  personal  property,  moneys  and  credits 
which  the  person  required  to  list  the  same  on  oath  has  refused  to  list; 
and  every  constable  and  witness  shall  be  subject  to  the  same  pen- constable  and 
alties  for  refusal  or  neglect  to  obey  the  process  of  such  justice,  as^"^.'***'''^ 
they  are  by  law  subject  to  for  refusing  to  obey  the  process  of  jus- 
tices of  the  peace  in  civil  cases ;  and  shall  receive  the  same  fees 
allowed  for  like  services  in  civil  cases,  and  such  justice  of  the  peace 
shall  immediately  proceed  to  enter  judgment  for  all  such  fees  and  •^",'ig™"'*  fof 
.  for  his  own  costs  in  favor  of  the  state  of  Illinois,  against  the  person 
who  shall  have  refused  to  make  and  deliver  to  the  assessor  a  state- 
ment of  the  property  which,  by  this  act,  he  was  required  to  list, 
and  proceed  to  collect  and  pay  over  the  same  as  in  civil  cases. 

§  32.  On  the  last  Saturday  in  June,  the  assessor,  town  clerk  Remedy  for  ex- 
and  supervisor  shall  attend  at  the  office  of  the  town  clerk,  for  the  '"^^^"^  Taiuation. 
purpose  of  reviewing  the  assessment  hst,  and  on  the  application  of 
any  person  conceiving  himself  aggrieved,  they  shall  review  the 
assessment,  and  when  the  person  objecting  thereto  shall  make  an 
affidavit  that  the  value  of  his  personal  estate  does  not  exceed  a 
certain  sum  specified  in  such  affidavit,  the  assessor  shall  reduce  the 
assessment  to  the  sum  specified  in  such  affidavit,  and  if  he,  or  any 
other,  objects  to  the  valuation  put  upon  any  of  their  real  estate, 
the  board  shall  hear  the  objections,  and  may  reduce  the  same,  if  a 
majority  of  the  board  think  it  advisable,  and  in  such  case  the 
assessor  shall  correct  his  list.' 

§  33.     Each  town  assessor  shall,  on  or  before  the  first  day  of  Assessor  to  mak« 
July,  annually  make  out  and  deliver  to  the  clerk  of  his  county,  in  uata  for"cierk. 
tabular  foi*m  and  alphabetical  order,  the  names  of  the  several  per- 
sons, companies  or  corporations,  in  whose  names   any  personal 

(1)  Amended,  see  ante  p.  60,  section  13. 
11. 


162 


REVENUE. 


[div.  5. 


Board  of  supervi 
sors  may  abate 
taxes  where 
property  is  not 
liable  to  be 


Decision  not 
final  unless 
approved  by 
auditor. 


property,  moneys  or  credits  shall  have  been  listed  in  his  county, 
and  separately  in  appropriate  columns,  opposite  each  name,  the 
number  and  value  of  all  articles  of  personal  property  enumerated 
in  this  act,  the  value  of  all  non-enumerated  articles  of  personal 
property,  other  than  the  stock  of  merchants  and  manufacturers, 
the  value  of  merchants'  and  manufacturers'  stock,  and  the  value 
of  the  moneys  and  credits  listed  by  said  persons.  If  any  person 
is  assessed  on  property  which  he  believes  is  not  properly  and 
legally  liable  to  taxation,  he  may  apply  to  the  board  of  supervisors, 
at  their  aimual  meeting,  for  an  abatement  of  such  assessment,  and 
the  said  board  shall  hear  and  determine  the  matter;  but  if  said 
board  shall  decide  that  any  such  property  is  not  liable  to  taxation, 
and  the  question  as  to  the  liability  of  such  property  to  taxation  has 
not  been  previously  settled,  the  decision  of  said  board  shall  not  be 
final,  unless  approved  by  the  auditor  of  public  accounts;  and  it 
shall  be  the  duty  of  the  clerk  of  said  board,  in  all  such  cases,  to 
make  out  and  forward  to  the  auditor  a  full  and  complete  statement 
of  all  the  facts  in  the  case.  If  the  auditor  is  satisfied  that  such 
property  is  not  legally  liable  to  taxation,  he  shall  notify  the  clerk 
of  his  approval  of  the  decision  of  the  board,  and  the  said  clerk 
shall  correct  the  assessment  accordingly.  But  if  the  auditor  believes 
that  the  board  has  erred  in  deciding  that  such  property  was  not 
liable  to  taxation  at  the  time  of  making  the  assessment  he  shall 
advise  the  clerk  of  his  objections  to  the  decision  of  the  board,  and 
give  notice  to  said  clerk  that  he  will  apply  to  the  supreme  court,  at 
the  next  term  thereof,  for  an  order  to  set  aside  and  reverse  the 
decision  of  the  board  of  supervisors.  Upon  the  receipt  of  such 
notice,  the  clerk  shall  notify  the  person  making  application  there- 
for. And  it  shall  be  the  duty  of  the  auditor  to  file  in  the  supreme 
court  a  certified  statement  of  the  facts  certified  by  the  clerk,  as 
aforesaid,  together  with  his  objections  thereto,  and  the  court  shall 
hear  and  determine  the  matter,  as  the  right  of  the  case  may  be^ 

§  34.  In  all  cases  where  the  property  is  not  listed  by  the 
owner,  the  assessor  shall  note  opposite  the  name  the  words  "by 
assessor." 

§  35.  Each  town  assessor  shall,  at  the  time  he  is  required  by 
this  act  to  make  his  return  of  taxable  property  to  the  county  clerk, 
also  deliver  to  him  all  the  statements  of  property  which  he  shall 
have  received  from  persons  required  to  list  the  same,  arranged  in 
alphabetical  order,  and  the  clerk  shall  carefully  file  and  preserve 
the  same  for  one  year  thereafter. 

§  36.  Each  town  assessor  shall  take  and  subscribe  an  oath, 
which  shall  be  certified  by  the  magistrate  or  clerk  administering 
the  same  and  attached  to  the  return  which  he  is  required  to  make 
to  the  county,  in  the  following  form,  as  near  as  may  be : 


Where  property 
not  listed  by 
owner. 


Return  of  taxa- 
ble property. 


Assessor's  oath 
attached  to 
return. 


Form  of 
©r's  oath 


,  assessor  in  the  town  of ,  do  solemnly  swear  that  the 


"I,  -  ,  „..,.„.„.  .„  „... ,  .„  „_„.„., „.   — 

value  of  all  personal  property,  moneys  and  credits  required  to  be  listed  for 

(l)No  appeal  lies  to  the  circuit  court,  from  the  decison  of  the  board  of  supervisors  in  refer- 
enc»  to  property  claimed  to  be  exempt  from  taxation. — Wortkington  t.  Co.  of  Pike,  2t 
2«i.,363. 


DIV.  5.]  ASSESSMENT  AND   COLLECTION.  163 

taxation  by  me,  is  truly  returned  and  set  forth  in  the  annexed  Ust,  and  that 
in  every  case  I  have  diligently  and  by  the  best  means  in  my  power,  endeav- 
ored to  ascertain  the  true  amount  and  value  of  all  taxable  property,  moneys 
and  credits ;  and  that,  as  I  verily  believe,  the  full  value  thereof,  estimated 
by  the  rules  prescribed  by  said  act,  is  set  forth  in  the  list  aforesaid;  that  ia 
no  case  knowingly  have  I  omitted  to  assess  any  property  which  by  law  I  §^m 
required  to  assess,  nor  have  I  in  any  way  connived  at  any  violation  or  evasiou 
of  any  of  the  requirements  [of]  the  law  in  relation  to  the  listing  or  valuation 
of  property,  moneys,  or  credits  of  any  kind  for  taxation." 

§  37.     In  all  cases  in  which  town  assessors  are  required,  in  con- Jn  case  of  inabii- 
sequence  of  the  sickness  or  absence  of  the  person  whose  duty  it  is  awrtal^i^Tarue  ° 
to  make  out  a  statement  of  personal  property,  moneys  and  credits,  °f  P"'P^''''y- 
or  in  consequence  of  his  neglect  or  refusal  to  make  out  and  deliver 
such  statement,  to  ascertain  the  amount  and  value  of  such  personal 
property,  moneys  and  credits,  if  the  assessor  shall  be  unable  to 
obtain  positive  evidence  of  the  amount  and  value  of  such  property, 
moneys  and  credits,  he  shall  return  such  amount  and  value  as  from  ^^'^^  *<■'  fr"™ 
general  reputation  and  his  own  knowledge  of  facts  and  circum-  uon. 
stances,  he  believes  to  be  the  full  amount  and  value  of  such  prop- 
erty, moneys  and  credits.* 

§  38.     The  assessor,  or  some  suitable  person  employed  by  him  Assessor?  to  de- 
fer that  purpose,  shall  add  up  the  several  columns  containing  the  Jicrk*  "  ^'^ 
number  and  value   of  each   article   of  property  enumerated,  the 
value  of  unenumerated   articles,  the  value  of  each  of  the  other 
items  of  property  enumerated  in  the  seventh  section  of  this  act, 
and  the  total  value  thereof,  and  note  the  aggregate  of  each  column 
at  the  bottom  thereof,  and  shall  make  out  and  deliver  to  the  clerk, 
with  the  assessment   list,  an   abstract  of  the  several  footings  on 
each  page,  showing  separately  the  aggregate  number  and  value  of 
each  enumerated  article  of  property,  and  the  value  of  each  kind 
of  all  other  property  assessed.     The  correctness  of  such  abstract  Oath  of  corrwt- 
shall  be  verified  by  the  oath  of  the  assessor  or  person  who  shall  *^'^*^' 
have  made  such  additions. 


REAL   PROPERTY — HOTV,    AND    IN   WHAT   MANNER   LISTED. 

§  39.     It  shall  be  the  duty  of  each  assessor,  upon  being  fur-  Assessor  to  pro- 
nished  with  the  list  and  blanks  provided  for  in  this  act,  from  actual  *^'^''^"°'J^''^'^r" 

o   •    f  •  1  nunevalueof 

View  or  irom  the  best  sources  or  inrormatio\i  that  can  be  obtained,  real  property. 
to  determine  as  nearly  as  practicable,  the  true  value  of  each  sepa- 
rate parcel  of  real  property  in  his  town,  according  to  the  rules 
prescribed  by  this  act  for  valuing  real  property,  and  such  value 
shall  be  noted  opposite  each  parcel  of  real  property,  in  a  column  Shaii  note  non- 
provided  for  that  purpose  ;   and  he  shall  note  opposite  each  tract  ^'^*'''<^°'  ''^'*- 
not  listed  by  a  resident  of  the  town  the  letter  "N,"  denoting  non- 
resident. 

§  40.     The  assessor  shall  add  up  the  valuation  of  the  real  prop- statement  and 
erty,  and  shall  set  down  in  figures  on  each  page  the  total  value  of  '^^'"'^"■ 
the  property  hsted  thereon,  and  shall  make  out  a  statement  show- 

(1)  Weaver  v.  Devendorf,  3  Denio,  117. 


164 


REVENUE. 


[div.  5. 


ing  the  aggregate  value  of  the  lands,  and  the  aggregate  value  of 
town  lots.  The  assessor  shall  complete  the  assessment  and  make 
return  thereof  to  the  clerk  of  the  county  court,  on  or  before  the 
first  Monday  in  July,  annually. 

§  41.  Each  assessor  shall  take  and  subscribe  an  oath,  which 
shall  be  certified  by  the  magistrate  or  clerk  administering  the 
same,  and  attached  to  the  return  which  he  is  required  to  make  to 
the  county  clerk,  as  near  as  may  be,  in  the  following  form : 

I,  A.  B.,  assessor  of  the  town  of ,  do  soleniuly  swear  that  the  rc- 


Time  of  maldng 
return. 


Assessor's  oath 
on  return. 


Form  of  oath. 


Clerk  shall  com 
pare  lists. 


rolls  bi'fore  board 
of  superTisors 


turn  to  which  this  is  attached,  contains  a  correct  description  of  each  parcel 
of  real  property  subject  to  taxation  within  said  town,  so  far  as  I  have  been 
able  to  ascertain  the  same,  and  that  the  value  attached  to  each  parcel  in  said 
return  is,  as  I  verily  believe,  the  full  value  thereof,  estimated  agreeably  to 
the  rules  prescribed  therefor  in  the  act  for  the  assessment  of  property  and 
the  collection  of  taxes,  and  that  the  aggregate  value,  as  set  forth  in  the  state- 
ment returned  herewith,  is  true  and  correct,  as  I  verily  believe. 

The  clerk,  upon  the  receipt  of  the  several  assessment  rolls,  shall 
carefully  compare  the  same  with  the  list  of  taxable  land  on  file  in 
his  office,  correcting  all  errors  which  he  may  discover,  and  add  to 
the  roll  of  the  proper  town  the  name  of  the  purchaser  and  the 
description  of  all  such  lands  as  has  been  omitted  by  the  assessor, 
Shall  lay  copy  of  which  are  liable  to  taxation.  He  shall  then  make  a  fair  copy  of 
the  several  assessment  rolls ;  which  copy,  together  with  the  orig- 
inal, shall  be  laid  before  the  board  of  supervisors  at  their  annual 
meeting  in  each  year ;  for  which  service  said  clerk  shall  be  allowed 
a  sum  not  exceeding  two  cents  for  each  tract  of  land,  and  one  cent 
on  each  town  lot  contained  in  said  rolls,  and  where  the  real  estate 
and  personal  property  are  separate,  one  half  cent  for  each  person's 
name  and  valuation  of  personal  property  contained  in  said  rolls. 

§  42.  If  any  assessor  shall  willfully  refuse  or  neglect  to  per- 
form any  of  the  duties  required  of  him  by  this  act,  he  shall  forfeit 
to  the  people  of  this  state  the  sum  of  fifty  dollars,  and  be  liable  for 
all  damages  sustained  by  any  such  refusal  ©r  neglect. 

§  43.  The  board  of  supervisors  of  each  county  in  this  state,  at 
their  annual  meeting,  shall  examine  the  assessment  rolls  of  the 
several  towns  in  their  county,  for  the  purpose  of  ascertaining  the 
aggregate  valuation  of  property  in  each  town ;  and  they  shall 
assess  the  value  of  all  such  lands  and  lots  as  have  been  omitted  by 
the  assessor,  and  listed  by  the  clerk,  and  cause  the  same  to  be 
placed  opposite  the  description  of  said  lands  in  a  column  prepared 
for  that  purpose. 

§  44.  They  shall,  at  their  annual  meeting,  fix  a  certain  rate 
upon  the  hundred  dollars,  to  be  levied  upon  the  taxable  property, 
both  real  and  personal,  in  their  respective  counties,  for  county  pur- 
poses, which  they  shall  cause  to  be  entered  upon  their  record ;  and 
they  shall,  at  the  same  time,  also  enter  upon  their  record  the 
amount  to  be  collected  in  each  town  for  town  purposes.  The  clerk 
Clerk  to  compare  of  the  county  court  shall  carefully  compare  the  copy  made  by  him 
n°^^r^'!'^  ^"^"  with  the  original  assessment  roll,  [and  when  so  compared  and  cor- 
rected he  shall  cause  the  taxes  to  be  extended  on  said  copy,  and 


Penalty  for  neg- 
lect of  duty  by 

assessor. 


Board  to  examine 
assessment  list. 


Shall  assess 
•mitted  lands 


Board  to  fix  rate 
lor  taxation. 


DIV.  5.]  ASSESSMENT   AND   COLLECTION.  165 

shall  also  cause  to  be  endorsed  on  the  original  assessment  roll,]  the 
amount  per  cent,  levied  on  each  one  hundred  dollars'  worth  of 
property,  as  taxes  thereon,  which  original  roll  shall  remain  in  the 
county  clerk's  office  until  the  month  of  March  next  thereafter. 
The  town  clerks  shall  call  on  the  county  clerk  during  the  month  Town  clerk  to 
of  March  in  each  year,  for  the  original  assessment  foils  of  the  "^^  ^""^ '^°^' 
previous  year  of  their  respective  towns,  which  rolls  they  shall  file 
in  their  respective  offices,  tor  the  use  of  the  town. 

§  45.     The   county  clerk   shall  cause  to  be  estimated  and  set  cierk  to  estimau 
■  down  in  a  separate  column,  to  be  prepared  for  that  purpose,  in  the  **^- 
copied  assessment  roll,  opposite  the  several  sums  set  down  as  the 
valuation  of  real  and    personal  estate,  the  respective  sums  in  dol- 
lars and  cents,  respecting  the  fractions  of  a  cent,  to  be  i>uid  as  tax 
thereon. 

§  46.  The  county  clerk  shall  cause  the  copied  and  corrected  cierk  to  deliver 
assessment  roll  of  each  town  or  district   in   their  respective  coun-  ^'  *°  coUectors. 
ties,  with  the   taxes   extended  thereon,  to  be  delivered  to  the  col- 
lector of  such  town  or  district,  on  or  before  the  fifteenth  day  of 
November  in  each  year. 

§  47.     To  each   assessment  roll  a  warrant,  under  the  hand  of  cierk  to  attach 
the  county  clerk,  and  seal  of  the  county  court,  shall  be  annexed,  '^""•'^'■ 
commanding   such   collector   to  collect  from  the   several  persons 
named   in   the  assessment  roll  the  several  sums  mentioned  in  the 
last  column  of  such   roll,  opposite  their  respective  names.     The 
warrant  shall  direct  the  collector,  out  of  the  moneys  to  be  collected,  What  the  war- 
after  deducting  the  compensation  to  which  he  may  be  legally  enti- ql^re/^  '^ 
tied,  to  pay  over  to  the  commissioners  of  highways  the  amount  of 
tax  collected  for  the   support  of  highways  and  brido;es,  and  to  the  Money  collected 

~      '  fQ  whom  DQicL 

supervisor  of  the  town  all  other  moneys  which  shall  have  been  col- 
lected therein,  to  defray  any  other  town  expenses  ;  to  the  township 
treasurers  the  school  fund  tax,  and  to  the  county  treasurer  the  state 
and  county  tax  collected  by  him.'     The  county  treasui-er  shall  pay 


State  of  Illinois,  ) 

r 


^Form  of  Collector's  Warrant. 


Lake  County, 

The  people  of  the  State  of  Illinois,  to  Adams  Getty,  collector  of  the  town  of 

Waukegan,  in  said  county  of  Lake,  Greeting : 

You  are  hereby  commanded  to  levy  and  collect  from  the  several  persons 
named  in  the  roll  hereto  annexed,  and  herewith  committed  to  you,  the  several 
sums  of  money  mentioned  in  the  last  column  of  said  roll,  opposite  to  their 
respective  names ;  the  same  being  the  assessment  roll  for  the  tax  assessed 
upon  the  property  in  said  town  the  current  year.  You  will  proceed  to  collect 
the  taxes  mentioned  in  said  tax  list,  and  for  that  purpose  you  will  call  at  least 
once  upon  each  person  taxed,  named  in  said  tax  list,  or  at  his,  her  or  their 
place  of  business,  {if  he,  she,  or  they  reside  in  said  town,)  and  make  demand 
of  the  taxes  charged  to  him,  her  or  them,  upon  his,  her  or  their  property. 
And  in  case  any  person  named  in  said  list  shall  neglect  or  refuse  to  pay  the 
tax  imposed  on  him,  or  her,  you  shall  levy  the  same  by  distress  and  sale  of 
the  goods  and  chattels  of  the  person  who  ought  to  pay  the  same.  And  in 
case  any  person  named  in  said  tax  list,  upon  whom  any  tax  is  assessed,  shall 
have  removed  out  of  said  town,  {or  city  as  the  case  rnay  be,)  after  the  assess- 
ment was  made,  into  any  other  town  or  city  in  said  county,  or  shall  reside  in 


166  REVENUE.  [DI7.  5. 

over  to  the  proper  officers  the  amount  of  the  tax  collected  hj  hins 
on  the  delinquent  real  estate. 
Warrant  shall  au-      §  48.  In  all  cases  the  warrant  shall  authorize  the  collector,  in 
thorize  collector  case  any  person  named  in  such  assessment  roll  shall  neglect  or 
lect  by  distress,   refuse  to  pay  his  tax,  to  levy  the  same  by  distress  and  sale  ot  the 
goods  and  chattels   of  such  person ;  and  it  shall  require  all  pay- 
ments therein  specified  to  be  made  by  such  collector  on  or  before 
the  fifteenth  day  of  February  next  ensuing. 
Clerk  shall  notify      Before  the  delivery  of  the  tax  books  to  the  collectors,  the  clerk 
btfore^deUTC^rTof  ^^^^^  notify  the  county  treasurer  that  said  books  are  completed, 
books  to  coiiec-  and  shall  furnish  such  treasurer  with  a  statement,  setting  forth  the 
name  of  each  collector,  the  amount  of  money  to  be  collected  and 
paid  over,  for  each  purpose  for  which  the  tax  is  levied  in  each  of 
the  several  towns.     The   treasurer  shall  compare  said  statement 
with  the  footings  on  the  tax  books. 
Assessors  to  meet     §  49.     On  the.last  Saturday  in  April  in  each  year,  the  assessoi-s 
bUfis^rflssess-    ^^  **^^  several  towns  shall  meet   at  the  office  of  the  county  clerk 
meut  for  the  purpose  of  instruction  and  advice  relative  to  their  duties  as 

any  other  town  or  city  in  said  county,  you  will  levy  and  collect  such  tax  of 
the  goods  and  chattels  of  the  persons  so  assessed,  in  any  city  or  town  in 
said  county  in  which  such  person  shall  have  removed,  or  in  which  he  or 
she  shall  reside :  and  in  case  of  such  levy  of  goods  and  chattels  by  you, 
you  will  give  public  notice  of  the  time  and  place  of  sale,  and  of  the  prop- 
erty to  be  sold,  at  least  six  days  previous  to  the  sale,  by  advertisements  in 
writing,  to  be  posted  up  in  at  least  three  public  places  in  said  town  ;  and  at 
such  time  and  place,  you  will,  if  the  same  shall  not  be  redeemed  by  payment 
of  the  taxes,  sell  the  same  by  public  auction.  If  the  property  thus  distrained 
shall  be  sold  for  more  than  the  amount  of  taxes  and  your  fees,  you  will  return 
the  surplus  to  the  person  in  whose  possession  such  property  was  when  the 
distress  was  made,  if  no  claim  shall  be  made  to  such  surplus  by  any  other 
person.  If  any  other  person  shall  claim  such  siirplus,  on  the  ground  that  such 
property  belonged  to  him,  and  such  claim  be  admitted  by  the  person  for 
whose  tax  the  same  was  distrained,  you  will  pay  such  surplus  to  such  owner. 
Out  of  the  moneys  collected  by  you  by  virtue  hereof,  after  deducting  the 
legal  fees  and  charges  to  which  you  are  entitled,  you  will  pay  over  as  follows, 
to  wit:  to  the  treasurer  of  the  commissioner  of  highways  of  said  town,  the 
amount  of  tax  collected  for  the  support  of  highways  and  bridges,  and  to  the 
supervisor  of  the  town  all  other  moneys  which  shall  have  been  collected 
therein,  to  defray  any  other  town  expenses ;  to  the  township  treasurer  the 
school  fund  tax,  and  to  the  county  treasurer  the  state  and  county  tax  collected 
by  you,  all  of  which  payments  herein  specified  you  are  required  to  make  on 
or  before  the  fifteenth  day  of  February  next. 

Hereof  fail  not  to  make  returns  of  your  doings,  by  virtue  hereof,  under 
the  penalties  of  the  law  in  such  case  made  and  provided. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed  the  seal  of 
the  county  court,  this  —  day  of ,  A.  D.  18 — . 

[seal.]  James  C.  Biddlecome. 

Clerk  County  Court. 

Note.  There  seems  to  be  a  difference  of  opinion  as  to  Tvho  is  the  proper  officer  for  issuing 
this  process.  By  the  township  law  of  1851,  it  was  given  under  the  hand  and  spal  of  the 
chairman  of  the  board  of  supervisors,  attested  by  the  county  clerk  and  seal  of  the  county 
court ;  but  by  this  act,  which  would  repeal  so  much  of  the  former  as  conflicts  with  this, 
the  warrant,  as  will  be  seen,  is  required  to  be  under  the  hand  of  the  county  clerk  and 
seal  of  the  county  court.  The  foregoing  form  is  therefore  suggested  as  being  in  accordance 
with  this  section  of  the  law ;  yet  prudence  may  dictate  that  the  warrant  be  signed,  as  here- 
tofore required,  by  the  chairman  of  the  board  of  supervisors.  See  Section  75  of  this  Act, 
post. 


DIV.  5.]  ASSESSMENT   AND   COLLECTION.  167 

assessors.     They   then  and   there   shall  agree  upon  a  basis  upon 

which  the  property  in  the  several  towns  shall  be  assessed.     The  county  clerk  to 

county  clerk  shall  consult  with  and  advise  said  assessors  as  to  the  aiivise. 

true  basis  of  valuing  property;  he  shall   furnish  them  with  such 

blank  circulars,  &c.,  as  they  may  be  entitled  to,  and  shall  give  such 

instructions   and   advice   as  may  be   necessary  to  enable  them  to 

make  their  assessments  and  returns  correctly. 

§  5 1).     No  assessment  of  property,  or  charge  for  taxes  thereon,  ^^^^^nj^nt  ^o^ 
shall  be  considered  illegal  on  account  of  any  informaHty  in  making  i"*;!,"'!  }or  m- 
the  assessment,  or  in  the  tax  hsts,  or  on  account  of  the  assessment  "^^  ^' 
not  being  made  or  completed  within  the  time  required  by  law. 

§  51.  Every  county  clerk,  assessor,  collector  or  other  officer  Neglect  of  duty 
who  shall  in  any  case  refuse  or  knowingly  neglect  to  perform  any  ^^  offlcera. 
duty  enjoined  on  him  by  this  act,  or  who  shall  consent  to  or  con- 
nive at  any  evasions  of  its  provisions,  whereby  any  proceeding  re- 
quired by  this  act  shall  be  prevented  or  hindered,  or  whereby  any 
property  required  to  be  listed  for  taxation  shall  be  unlawfully  ex- 
empted, or  the  value  thereof  be  entered  upon  the  tax  list  at  less 
than  its  true  valuation,  shall,  for  every  such  neglect  or  refusal,  be 
liable,  individually,  and  on  his  official  bond,  for  double  the  amount 
of  the  lo53  or  damage  caused  by  such  neglect  or  refusal,  to  be  re- if^«»*>ie  for  double 

,.'  ./>ii.  !•         ..,..  ...      damages. 

covered  in  an  action  ot  debt  m  any  court  having  jurisdiction  ot  the 
amount  thereof,  and  may  be  removed  from  his  office,  at  the  discre- 
tion of  the  court  before  whom  any  such  judgment  shall  be 
rendered. 

§  52.      In  all  cases  where  any  person,  company,  or  corporation  Lands  other  than 
has,  or   may  hereafter   divide  any  tract  of  land  into  parcels  less^^^^^^^°^'^ 
than  the   one-sixteenth   part  of  a  section,   or   otherwise,  in   suchreys. 
manner  that  such  parcels,  can  not  be  described  in  the  usual  man- 
ner of  describing   lands   in  accordance  with  the  surveys  made  by 
the  o-eneral  government,  with  a  view  to  sell  said  lands  in  such  par- 
cel, it  shall  be  lawful  for  such  person,  company  or  corporation,  to^^*^  ^^""®^*'^' 
cause  such  lands   to   be  surveyed,  and  a  plat  thereof  made  by  the 
surveyor  of  the  county  where  such  lands  are  situated ;  which  plat 
shall  particularly  describe  and  set  forth  the  lots  or  parcels  of  land  u,,^  ^ig^ribed 
surveyed,  as  aforesaid ;  the  lots  shall  be  numbered  in  progressive 
numbers,  and  the  plat  shall  show  the  number  and  location  of  each 
lot,  and  the  description  of  the  tract  of  land  of  which  such  land  is  a 
part,  and  also  the  quantity  of  land  in  each  lot.     Said  plat  shall  be 
certifiiid  to  by  the  surveyor,  and  recorded  in   like   manner  as  the 
plats  of  towns  are  required  to  be  certified  to  and  recorded.     Lands 
described  in  any  deed  or   conveyance,  or  for  the  purpose  of  taxa- 
tion, in  accordance  with  the   number   and  description  set  forth  in 
the  plat  aforesaid,  shall  be  deemed  a  good  and  valid  description  of 
the  lot  or  parcel  of  land  so  described. 

§  53.      When  lands  heretofore  have  been,  or  may  hereafter  be,  i"^^ owners w- 

subdivided  into  parcels  less  than  one  sixteenth  part  of  a  section,  or 
in  such  manner  that  they  can  not  be  easily  and  properly  described, 
without  noting  the  metes  and  bounds  of  such  tracts,  it  shall  be  the 


168 


EEVENUE. 


[div.  5. 


duty  of  the  owner  or  owners  thereof,  when  required  so  to  do  by  the 
assessor,  to  cause  the  same  to  be  surveyed,  and  the  plat  thereof  re- 
corded in  like  manner  as  is  required  in  the  foregoing  section ;  and 
if  such  owner  or  owners  shall  refuse  or  neglect  to  cause  such  sur- 
vey to  be  made  within  a  reasonable  time  after  being  notified  by  the 
assessor,  it  shall  be  the  duty  of  the  assessor  to  cause  such  survey 
to  be  made  and  recorded ;  and  the  expense  thereof  to  be  returned 
by  the  assessor  to  the  clerk,  who  shall  add  the  same,  together  with 
the  commissions  for  collecting,  &c.,  to  the  tax  assessed  on  such  real 
property,  and  it  shall  be  collected  with  and  in  like  manner  as  the 
said  tax ;  and  when  collected  shall  be  paid  on  demand  to  the  per- 
sons to  whom  it  is  due  ;  provided,  that  the  collector  shall  either  file 
a  receipt  for  the  payment  thereof  with  the  treasurer,  or  shall  pay 
the  same  into  the  county  treasury,  when  he  makes  settlement  for 
the  county  revenue,  to  be  paid  to  the  proper  persons  when  called 
for. 

§  54.  In  all  cases  where  the  boundary  lines  of  any  county  or 
counties  can  not  be  correctly  ascertained  from  the  plats  or  maps  of 
the  original  surveys,  and  such  boimdary  lines  not  having  been  sur- 
veyed, it  shall  be  the  duty  of  the  board  of  supervisors  of  the 
counties  bounded  by  any  such  lines,  jointly,  to  cause  the  same  to 
be  surveyed  and  located  in  accordance  with  the  laws  establishing 
such  lines.  They  shall  cause  a  plat  or  map  to  be  made,  showing 
the  correct  location  of  the  line  on  each  equal  subdivision  or  tract 
of  land  through  which  such  line  may  be  run ;  which  plat,  together 
with  the  field  notes  of  such  survey,  shall  be  certified  to  by  the  sur- 
veyor making  the  survey,  under  oath,  and  forwarded  to  the  auditor 
of  public  accounts,  who  shall  cause  the  same  to  be  filed  and  re- 
corded in  his  office,  and  a  correct  copy  thereof  forwarded  to  the 
clerk  of  the  county  court  of  each  of  the  counties  bounded  by  such 
line.  And  said  clerk  shall  cause  such  copy  to  be  filed  in  his  office, 
and  recorded  in  a  suitable  record  book,  and  the  line  thus  surveyed 
shall  be  the  true  division  line :  provided,  that  if  the  board  of  super- 
visors of  any  county  bounded,  in  part  or  in  whole,  as  aforesaid, 
shall  neglect  or  refuse  to  comply  with  the  requirements  of  this 
section  within  a  reasonable  time  after  being  requested  to  do  so  by 
the  auditor  of  public  accounts,  it  shall  be  the  duty  of  said  auditor 
to  cause  the  said  survey  to  be  made,  if  in  his  opinion  the  public  in- 
terest requires  it.  And  the  expenses  of  making  any  such  survey, 
whether  under  the  direction  of  the  county  authorities  or  of  the 
auditor,  shall  be  paid  by  the  counties  bounded  by  such  lines — one 
half  by  each  county. 

§  55.  For  the  purpose  of  taxation,  all  tracts  or  parcels  of  land, 
not  exceeding  one  sixteenth  part  of  a  section,  shall  be  assessed  in 
the  county  where  the  greater  part  of  said  tract  is  situated ;  and  the 
collector  of  the  proper  town  in  said  county  shall  have  the  same 
power  and  authority  to  collect  the  taxes  due  thereon  as  he  would 
if  the  whole  of  said  tract  were  within  the  limits  of  said  county. 
And  in  all  cases  where  any  such  tract  or  tracts  s^all  be  equally 


Assessor  to  cause 

survey  to  be 

uiade. 

Expense  how  col- 

Iccteti. 


ProTiso. 


Where  county 
lines  can  not  be 
correctly  ascer- 
tained, duty  of 
board  of  supervis- 


Survey  and  plat 
to  be  made. 


To  be  forwarded 
to  auditor. 


Copy  filed  in 
clerk's  office. 


Proviso,  where 
K  u  pervisors  of  one 
ceunty  refuse  to 
iict. 


Where  tract  lies 
in  two  counties. 


Power  of  col- 
lector to  collect 
■whole  tax. 


DIV.  5.]  ASSESSMENT   AND    COLLECTION.  169 

divided  between  two  counties,  and  the  owner  thereof  be  a  resident 
of  either  county,  said  land   shall   be  assessed  in  the  county  in  ^\'he^e  such 
which  the  owner  resides ;  but  if  the  owner  be  not  a  resident  in  ^ged.''°  ^^  '^ 
either  county,  then  the  auditor  shall  determine  in  which  county 
the  land  shall  be  assessed :  provided,  that  if  there  be  several  tracts  proviso 
simularly  situated,   the  auditor  shall   apportion  them  equally  be- 
tween the  counties,  as  near  as  practicable :  provided,  furthermore,  Further  provko. 
that  when  a  tract  of  land  containing  a  half  quarter  section,  or 
more,  is  so  divided  by  the  county  line  that  by  subdividing  it  into 
quarter-quarter   section  lots,  each  county  will  be  entitled  to  the 
taxes  on  one  or  more  of  said  lots,  then  the  tract  shall  be  so  divided. 
The  provisions  of  this   section  regulating  the  assessment  of  land 
divided  by  county  lines,  shall  apply  to  and  regulate  the  assessment  Town  lines, 
of  land  divided  by  town  Unes.  * 

§  56.     Government  lands  entered  or  located  prior  to  the  first  Locations  prior  to 
day  of  May,  A.  D.  1853,  shall   be  taxable  for  the  year  1853  ;^y'^^- 
lands  entered  or  located  prior  to  the  first  day  of  May,  A.  D.  1854, 
shall  be  taxable  for  the  year  1854,  and  so  on  annually  thereafter. 
Laud  sold  by  the  trustees  of  the  Illinois  and  Michigan  canal,  shall  canai  lands 
be  taxable  from  and  after  the  time  that  fuU  payment  therefor  is 
made.     School,  seminary  and  saline  lands  shall  be  taxable  in  like 
manner  as  the  lands  sold  by  the  general  government.     Internal 
improvement  lands  sold  prior  to  the  first  day  of  June,  A.  D.  1848, 
shall  be  taxable  for  the  year  1853,  and  annually  thereafter. 

§  57.     On  tlie  first  day  of  May  in  each  year,  or  as  soon  there- Auditor  to  obtain 
after  as  practicable,  the  auditor  shall  obtain  from  the  several  land  i^ad  office  and 
offices  in  this  state  abstracts  of  the  lands  entered  and  located,  and  ^^u^^y'^i^".  *** 
not  previously  obtained,  and  shall,  when  necessary,  obtain  from  the 
canal  office  abstracts  of  the  canal  lands  sold.     Upon  the  receipt  of 
said  abstracts,  the  auditor  shall  cause  them  to  be  transcribed  into 
the  tract  books  in  his  office,  and  shall,  without  delay,  cause  abstracts 
of  the  lands  in  each  county  to  be  made  out  and  forwarded  by  mail 
to  the  county  clerks  of  the  several  counties ;  and  said  clerk  shall 
cause  such  abstracts  to  be  transcribed  uito  the  tract  book,  and  filed 
in  their  office.  • 

§  58.     On  the  last  Saturday  in  April,  A.  D.  1853,  and  every  cierk  to  deliver 
two  years  thereafter,  the  clerk  of  the  county  court  shall  cause  to  to^a^es^i.'"''*** 
be  delivered  to  the  assessor  of  each  town  a  book,  properly  ruled 
and  headed  containing  a  Ust  of  the  real  estate  in  numerical  order, 
with  such  blank  columns   as  may  be  necessary,  for  the  use  of  the 
assessor.     The   clerk,  in  making  out  said  lists,  shall  take  as  his  Guideofcierk^ 
guide  the  assessment  list  of  the  previous  year,  and  the  list  of  sub- '°  '"^''"'s 
seq^uent  conveyances :  provided,  that  the  Ust  of  lands  reported  in 
the  annual  abstract  shall   be  furnished  to  the  assessor  within  five 
days  from   and   after  the  time  such  abstract  is  received  from  the 
auditor's  office.' 

§  59.     Every  person   owning  or  holding  real  property  on  the  OwDen  on  tart^ 
first  day  of  May,  including  all  such    property  purchased  on  that  taxof  year. 

(1)  Amended,  see  ante,  p.  59,  section  6. 


170  REVENUE.  "  [DIV.  5. 

day,  shall  be  liable  for  the  taxes  thereon  for  that  year ;  and  if  any 
person  shall  sell  and  convey  any  real  property  on  or  prior  to  the 
first  day  of  May  next  after  the  Usting  of  such  real  property,  he 
shall,  when  he  lists  his  personal  property  for  the  year  next  after 
the  listing  of  said  real  property,  deliver  to  the  assessor  a  state- 
ment setting  forth  the  description  of  the  property  sold  and  con- 
veyed, and  the  name  of  the  purchaser,  and  he  shall  list  all   real 
property  purchased  by  him  during  the  said  time ;  and  the  assessor 
shall  make  return  thereof  to  the  county  clerk,  who  shall  make  the 
proper  changes  in  the  tax  books.     Real  property  shall  in  all  cases 
be  liable  for  the  taxes  thereon. 
Clerk  to  furnish       §  60.     The  clcrk  of  the  county  court  shall  annually,  on  the  last 
stracts  of^erson-  Saturday  in  April,  furnish  the  asse^eor  of  each  town  with  a  book 
ai  property,  &c.  or  books,  properly  ruled  and  headed,  for  the  abstract  of  the  assess- 
ment of  personal  property,  and  shall,  at  the  proper  time,  furnish 
such  assessor  with  a  list  of  the  real  estate  that  may  have  become 
taxable  subsequent  to  the  regular  assessment  of  real  estate  ;  all 
property,  except  real  property  shall  be   assessed  annually ;  real 
Proviso  property  shall  be  assessed  biennially  :*  provided,  that  real  property 

becoming  taxable  after  the  regular  assessment  of  real  property,  or 
that  may  have  been  omitted,  shall  be  assessed  for  the  current  yeox 
at  the  same  time  that  the  personal  property  is  assessed  in  the  year 
that  the  real  property  is  not  regularly  assessed,  and  such  property 
shall  be  re-assessed  the  next  succeeding  year,  with  the  i-egular 
assessment  of  real  property. 
Auditor  to  fur-         §  61.     It  shall  be  the  duty  of  the  auditor  of  public  accounts  to 
Sstruc^ns!"      make  out  and  forward  to  the  clerk  of  the  county  court  of  the  sev- 
eral counties,  for  the  use  of  such  clerks  and  other  officers,  suitable 
forms  and  instructions  for  carrying  this  act  into  effect ;  and  all  such 
instructions  shall  be  strictly  complied  with  by  the  officers  in  the 
performance  of  their  respective  duties,  as  required  by  this  act.     He 
shall  give  his  opinion  and  advice  on  all  questions  of  doubt,  as  to 
the  true  intent  and  meaning  of  the  provisions  of  this  act. 
Assessor  to  enter      §  62.     If  the  asscssor  sliould  discovcr  any  real  property  subject 
omitted'by'ckrk.  ^o  taxation,  which  has  not  been  returned  to  him  by  the  clerk,  he 
shall  assess  such  property,  and  enter  the  same  on  the  assessment 
list.     And  if  upon  the  return  of  such  list  to  the  clerk,  it  shall  ap- 
pear that  any  such  real  property  has  not  been  returned  by  the  au- 
cierk  to  advise    ditor,  it  shall  be  the  duty  of  the  clerk  to  advise  the  auditor  of  the 
ted  lands.     '     facts,  describing  the  property  so  returned  by  the  assessor ;  and  the 
auditor  shall  ascertain  the  true  conditiou  of  such  real  property, 
and  advise  the  said  clerk  thereof,  who  shall  correct  the  records  in 
his  office,  in  accordance  with  the  facts  in  the  case. 
Clerk  to  compare      §  63.     It  shall  be  the  duty  of  the  clerk,  before  delivering  the 
fore  deUve^ryto"^"  list  of  real  property  to  the  assessor,  to  cause  such  list  to  be  cai-e- 
a£sessor.  fully  Compared  with  the  lists  of  taxable  property  on  file  in  his  of- 

fice, and  if  it  shall  appear  that  any  such  property  was  omitted  in 
the  former  assessment  list,  he  shall  correct  the  list  designed  for  the 

(1)  Amended,  see  ant';,  p.  59,  section  6. 


DIV,  5.]  ASSESSMENT   AND   COLLECTION.  171 

assessor,  so  that  said  list  may  contain  a  full  and  complete  abstract 
of  all  the  taxable  real  property  in  the  several  towns. 

OF  THE  MANNER  IN  -WHICH  TAXES  ARE  TO  BE  COLLECTED,  AND 
THE  DUTIES  OF  THE  TOWN  COLLECTORS. 

§  64.     Every  collector,  upon  receiving  the  tax  list  and  warrant,  Collector  to  caii 
shall  proceed  to  collect  the  taxes  therein  mentioned,  and  for  that  coUec't'ta'xr^*^'^  '** 
purpose  shall  call  at  least  once  on  the  person  taxed,  or  at  liis  or 
lier  place  of  residence,  if  in  the  town  or  district  for  which  such 
collector  has  been  chosen,  and  shall  demand  payment  of  the  taxes 
charged  to  him  on  his  property. 


In  case  of  Refusal  to  Pay. 
§  65.     In  case  any  person  shall  refuse  of  [or]  neglect  to  pay  to  coUopt  by  dis- 

tresis  in  case  of  re- 
fusal to  pay  tax. 


the  tax  imposed  on  him,  the  collector  shall  levy  the  same  by  elis-*'"''''^'"'^''''*'^^*^'"® 


tress  and  sale  of  the  goods  and  chattels  of  the  person  who  ought 
to  pay  the  same 


NOTICE. 


§  66.     The  collector  shall  give  public  notice  of  the  time  and  Notice  of  sale. 
place  of  sale,  and  of  the  property  to  be  sold,  at  least  six  days  pre- 
vious to  the  sale,  by  advertisement,  to  be  posted  up  in  at  least  three 
public  places  in  the  town  where  such  sale  is  to  be  made.     The 
sale  shall  be  by  public  auction. 


SURPLUS. 


§   67.     If  the  property  distrained  shall  be  sold  for  more  than  To  whom  surplus 
the  amount  of  the  taxes,  the  surplus  shall  be  returned  to  the  per-  rn"cascs  of  ois- 
son  in  whose  possession  such  property  was  when  the  distress  was  ^'^^^ 
made,  if  no  claim  be  made  to  such  surplus  by  any  other  person. 
If  any  other  person  shall  claim  such  sui-plus,  on  the  ground  that 
the  property  sold  belonged  to  him,  and  such  claim  be  admitted  by 
the  person  for  whose  tax  the  same  was  distrained,  the  surplus  shall 
be  paid  to  such  owner. 

§  68.     In  case  any  person  upon  whom  any  tax  shall  be  assessed  in  case  of  own- 
under  the  provisions  of  this  act,  in  any  city  or  town  of  this  state,  coiiecloTmay 
shall  have  removed  out  of  such  city  or  town  after  such  assessment,  p"raue  and  coi- 
and  before  such  tax  which  now  is  or  hereafter  may  be  assessed,  in  the  county, 
any  district  of  any  city  or  in  any  town,  upon  the  estate  of  such 
person  situated  out  of  the  city  or  town  where  he  may  reside,  and 
within  the  county,  it  shall  be  lawful  in  either  of  those  cases  for  the 
coUcclor  of  said  city  or  town  to  levy  and  collect  such  tax  of  the 
goods  and  chattels  of  the  person  assessed,  in  any  district  within 
said  cities,  or  within  any  town  within  said  county  to  which  such 
person  shall  have  removed,  or  in  which  he  shall  reside. 

§  69.     Every  collector  shall  pay  over,  within  one  week  after  the  collector  to  pay 
time  mentioned  in  his  warrant  for  paying  the  moneys  directed  to"^^^;'"^^^^ 
be  paid  to  the  town  officers  of  his  town  and  to  the  county  treasurer,  officei-s  money 


172  REVENUE.  [dIV.   6.      j 

coUected,and      the  sums  required  in  such  warrant  to  be  paid  to  them  respect- 
^|'«^^"P^<=0''«'"e-ively,  first  retaining  the  compensation  to  which  he  may  be  legally 
entitled.     The  town  officers  to  whom  any  such  moneys  shall  be 
paid,  shall  deliver  to  the  collector  duplicate  receipts  therefor,  one 
of  which  shall  be  filed  by  the  collector  with  the  county  treasurer, 
for  the  amount  therein  stated  to  have  been  received,  and  no  other 
evidence  of  such  payment  shall  be  received  by  the  county  treas- 
urer.* 
whpre  taxes  ex-       §  70.     Whenever  any  greater  amount  of  taxes  shall  be  assessed 
ceed  town  char-   .^  ^^^  ^^^^  ^y^qji  the  towu  charges  thereof,  and  its  proportion  of 
Surplus  paid  to    ^\^q  tax  and  county  charges,  the  surplus  shall  be  paid  by  the  col- 
supervuor.         jector  to  the  supervisor  of  the  town,  who  shall  hold  the  same  until 

wanted  by  the  town  to  pay  any  town  expenses. 
Part  of  tax  may       §  71.     The  collectors  shall  receive  on  the  part  of  any  lot,  piece, 
ProWsoJ^  or  parcel  of  land,  charged  with  taxes :  provided,  the  persons  paying 

such  tax  shall  furnish  a  particular  specification  of  the  part,  and  if 
the  tax  on  the  remainder  of  such  lot  or  parcel  of  land  shall  remain 
unpaid,  the  collector  shall  enter  such  specification  in  his  return  to 
the  county  treasurer,  to  the  end  that  the  part  on  which  the  tax 
remains  unpaid  may  be  clearly  known, 
tjndmded  ahaxea     §  72.     If  any  part  on  which  the  tax  shall  be  so  paid  be  an  un- 
of  property.        divided  share,  then  the  person  paying  the  same  shall  state  to  the 
collector  who  is  the  owner  of  such  share,  then  it  may  be  excepted 
in  case  of  a  sale  for  the  tax  on  the  remainder;  and  the  collector 
shall  enter  the  name  of  such  owner  on  his  accoimt  of  arrears  of 
taxes. 
When  collector        §  73.     If  the  town  collcctor  shall  be  unable  to  collect  any  tax 
unable  to  collect,  charged  in  the  tax  list,  by  reason  of  the  removal  or  insolvency  of 
the  person  to  whom  such  tax  shall  be  charged,  or  on  account  of  any 
error  in  the  tax  list,  he  shall  deliver  to  the  county  treasurer  his  tax 
Shall  file  state-    books,  and  shall  malce  out  and  file  with  the  said  treasurer,  at  the 
^wnt  tax^^and  time  of  liis  Settlement,  a  statement  in  writing,  setting  forth  the 
make  oath  as  to   name  of  the  person  charged  with  such  tax,  the  value  of  the  property, 
and  the  amount  of  tax  so  charged,  and  the  cause  of  delinquency, 
and  shall  make  oath  before  the  county  treasurer,  or  some  justice 
of  the  peace,  that  the  facts  stated  in  such  statement  are  true  and 
correct ;  that  the  sums  mentioned  therein  remain  unpaid,  and  that 
he  has  used  due  diligence  to  collect  the  same;  which  oath  or  affi« 
Treasurer  shall    davit  shall  be  signed  by  the  town  collector.     And  upon  the  filing 
uncouec^ttd  tax.  ^^  ^^^^  Statement,  the  county  treasurer  shall  allow  the  town  collector 
credit  for  the  amount  of  taxes  therein  stated,  and  shall  apportion 
and  credit  the  same  on  the  several  funds  for  which  such  tax  was 
charged;  and  when  he  makes  settlement  with  the  board  of  super- 
visors, such  statement  shall  be  sufficient  voucher  to  entitle  him 
to  credit  for  the  amount  therein  stated;  but  in  no  case  shall  any 
town  collector  or  county  treasurer  be  entitled  to  abatements  on  the 

(1)  AVhen  it  becomes  necessary  for  the  collector  to  levy  upon  and  sell  the  goods  and  chat'^Js 
of  any  person  for  the  collection  of  ta.xes,  it  will  be  lawful  for  him  to  sell  the  same  at  any  time 
before  the  time  he  is  required  to  pay  over  the  money  to  the  county  treasurer,  and  other  offt- 
cers  mentioned  in  his  warrant,  having  made  a  levy  on  or  previous" to  the  fifteeth  of  I'ebruar 
ry. — Shtlden  v.  Van  Bushirk.  2  Comstock,  473. 


DIV.  5.]  ASSESSMENT  AND   COLLECTION.  173 

resident  tax  list,  until  the  statement  and  affidavit  aforesaid  is  filed, 
as  required  by  this  act.* 

§  74.     If  any  person  chosen  or  appointed  to  the  office  of  col-  Refusal  of  coi- 
lector  of  any  town,  district  or  city  in  this  state  shall  refuse  to  serve,  ''^'°''  ^  ■*"*■    • 
or  shall  die,  resign  or  move  out  of  the  town,  district  or  city,  or  the 
office  becomes  vacated  in  any  other  way,  before  he  shall  have  entered 
upon  or  completed  the  duties  of  his  office,  or  shall  in  any  way  be 
disabled  from  completing  the  same,  the  supervisor  and  justices  of 
such  town  or  district,  or  any  two  of  them,  shall  forthwith  appoint  a  Vacancy  wied  by 
collector  for  the  remainder  of  the  year,  who  shall  give  the  like  appo'"'"'>-"at 
security,  and  be  subject  to  the  like  penalties,  and  have  the  same 
powers  and  compensation  as  the  collector  in  whose  place  he  was 
appointed,  and  the  supei'visor  or  town  clerk  shall  forthwith  give 
notice  of  such  appointment  to  the  county  treasurer.     But  such  Former  collector 
appointment  shall  not  exonerate  the  former  collector  or  his  sureties  '^^  ^^'^^'"^ " 
from  any  liabiUty  incurred  by  him  or  them. 

§  75.     If  a  warrant  shall  have  been  issued  as  by  law  provided.  Warrants  issued 
prior  to  any  appointment  under  the  last  section,  the  priginal  war-P,""'^'^).'^^',^"!^^' 
rant,  if  the  same  can  be  obtained,  shall  be  deUvered  to  the  collector  sor  deUven-a 
so  appointed,  and  shall  be  considered  as  giving  him  the  same  powei"S  °^'^'' 
as  if  originally  issued  to  him.     But  if  such  warrant  can  not  be 
obtained,  a  new  one  shall  be  made  out  by  the  clerk  of  the  board  New  warrant 
of  supervisors  of  the  county  and  shall  be  signed  by  the  chairman  fomer'aiiTnoT 
of  the  board  of  supervisors  in  the  same  way  and  manner  as  the  be  obtameu. 
original  was,  which  shall  be  directed  to  the  collector  so  appointed, 
and  upon  every  such  appointment,  the  supervisor  of  the  town  or 
district,  if  he  shall  think  it  necessary,  may  extend  the  time  limited 
for  the  coUectioft  of  taxes,  for  a  period  not  exceeding  thirty  days; 
of  which  extension  he  shall  forthwith  give  notice  to  the  county 
treasurer.     The  collector  so  appointed  shall  keep  an  account  of  all  Accounts  of  new 
collections  made  by  the  former  collector,  so  far  as  he  can  ascertain  tep^  °^ 
the  same,  and  when  any  one  shall  present  a  receipt  for  taxes  paid 
to  the  former  collector,  he  shall  mark  against  the  amount  of  taxes 
so  paid,  to  whom  paid,  and  the  time  when  paid. 

Neglect  of  Collector  to  Pay  over  "Money. 
§  76.     If  any  collector  shall  refuse  or  neglect  to  pay  to  the  Refusal  of  coi- 
several  town  officers  of  his  town,  or  to  the  county  treasurer,  the  ovct."^    ^'"^^ 
sums  required  by  his  warrant  to  be  paid  to  them  respectively,  or 
either  of  them,  or  to  account  for  the  same  as  unpaid,  the  county  County  treasurer 
treasurer  shall,  witliin  twenty  days  after  the  time  when  such  pay  agai^nat'' pro^rty 
ments  ought  to  have  been  made,  issue  a  wai'rant,  under  his  hand  of  coUector. 
and  seal,  directed  to  the  sheriff  of  the  county,  commanding  him  to 
levy  such  sums  as  shall  remain  unpaid  and  unaccounted  for  by 
such  collector,  of  the  goods  and  chattels,  lands  and  tenements  of  such 
coUector,  and  to  pay  the  same  to  the  county  treasurer,  and  to  return 

(1)  This  provision  requiring  the  oath  of  the  collector  to  be  made  before  the  county  treasurer 
or  some  justice  of  the  peace,  must  be  strictly  complied  with ;  where  such  oath  is  made  before 
the  clerk  of  the  county  court,  it  will  invalidate  aJi  of  the  proceedings  and  of  course  the  saia 
for  \a^^.— Hough  v.  HastiTigs,  18  Els.,  312. 


174  REVENUE.  [DIV.   5.        i 

such  warrant  within  forty  days  after  the  date  thereof;  which  war- 
rant the  county  treasurer  shall  immediately  deliver  to  the  sheriff 
Exception.  of  the  county.     But  no  such  warrant  shall  be  issued  by  the  county 

treasurer,  for  the  collection  of  moneys  payable  to  town  officers,  of 
the  refusal  or  neglect  of  the  collector  to  pay  the  same,  or  account 
therefor,  as  above  provided. 

Duty  of  Sheriff. 

§  77.     The  sheriflp  to  whom  such  warran    is  directed  shall  im- 

wairant  and       mediately  cause  the  same  to  be  executed,  and  shall  make  return 

make  return.       thereof  to  the  county  treasurer,  within  the  time  specified,  and  shall 

pay  to  him  the  money  received  by  virtue   thereof,  deducting  from 

his  fees  the  same  compensation  that  the  collector  would  have  been 

entitled  to  retain.     Such  part  of  the  moneys,  if  any,  as  ought  to 

have  been  paid  by  the  collector  to  the  town  officers,  shall  be  paid 

by  the  county  treasurer  to  the  officers  to  whom  the  collector  was 

directed  to  pay  the  same ;  but  if  the  whole  amount  of  moneys  due 

from  the  collector  shall  not  be  collected  in  such  warrant,  the  county 

treasurer  shall  first  retain  the  amount  which  ought  to  have  been 

paid  by  him,  before  making  any  payment  to  the  town  officers. 

In  case  the  Whole  or  Part  of  Money  is  Paid. 

ifpart  is  collect-  §  78.  If  the  wbole  sum  due  from  the  said  collector  shall  be 
ed,  duty  of  sher-  collected,  the  sheriff  shall  so  state  in  his  return,  but  if  part  only, 
or  if  no  part  of  such  sum  shall  be  collected,  the  sheriff  shall  note 
in  his  return  the  fact,  and  the  amount  collected,  and  shall  also  cer- 
tify that  such  collector  has  no  goods  or  chattels,  lands  or  tenements, 
in  his  county,  from  which  the  money,  or  residue  ^thereof,  as  the 
case  may  be,  could  be  levied,  and  in  either  case  the  couniy  treas- 
urer shall  forthwith  give  notice  to  the  supervisor  of  the  town  or 
district  of  the  amount  due  from  such  collector. 

Bond  to  he  Sued. 

Supervisor  to  sue      §  79.     The  supervisor  shall  forthwith  cause  the  bond  of  such 

bond.  ^'^  °^  ^       collector  to  be  put  in  suit,  and  shall  be  entitled  to  recover  thereon 

the  sum  due  from  sueh  collector,  with  costs  of  suit,  and  the  money 

recovered  shall  be  applied  and  paid  in  the  same  manner  in  which 

it  was  the  duty  of  the  collector  to  have  applied  and  paid  the  same. 

Where  sheriff  §  80.     If  any  sheriff  shall  neglect  to  return  any  such  warrant, 

^turning  wir-"  ^^  ^^  V^l  ^^e  moncy  levied  thereon,  within  the  time  limited  for  the 

rant  or  pajing     return  of  Said  warrant,  or  shall  make  any  other  return  than  such 

trwwurer^to  pro-  as  is  above  mentioned,  the  county  treasurer  shall  forthwith  proceed 

ceed  against  him.  to  collect  the  wliole  sum  directed  to  be  levied  by  such  warrant, 

and  he  may  proceed  in  the  first  instance  by  a  writ  of  attachment 

against  the  goods  and  chattels,  lands  and  tenements,  rights  and 

credits  of  such  sheriff,  and  the  same  proceeding  may  be  had  thereon, 

in  the  proper  court,  as  is  now  provided  by  law  in  ordinary  cases 

of  attachment. 

FaUure  of  county      §  81.     In  case  the  county  treasurer  shall  fail   to  collect  such 

^eaaurertocoi-  mongyg  \^y  attachment  or  suit,  as  is  provided  for  in  the  next  pre- 


DIV.  5.]  ASSESSMENT   AND    COLLECTION.  175 

ceding  section  hereof,  he  shall  prosecute  suit  on  the  official  bond 
of  such  sheriff  for  the  amount  aforesaid.  • 


on 


§  82.     The  town  collectors  shall  be   entitled  to  three  per  cent.  Coiiector-s  per 
yjL^  all  moneys  collected  by  them,  as  their  compensation.  centuge. 

§  83.     This  act  shall  apply  to  and  be  in  force  in  all  counties  to  what  coumka 
adopting  the   act   to   provide  for  township  organization,  and  take'"^''*i'i''''^''''i«- 
effect  from  and  after  its  passage. 

Approved  February  12,  1853. 

An  Act  to  amend  the  Assessment  and  Revenue  Laws.  in  force  Februa- 

ry 14,  1305. 
THE  ASSESSMENT  OP    PROPERTY  AND  THE  COLLECTION  OF  TAXES 

IN  COUNTIES  ADOPTING  THE   TOWNSHIP  ORGANIZATION  LAAV. 

Section  1.  Be  it  enacted  hy  the  people  of  the  State  of  Illinois^ 'WorA^^aseessoT'^ 
represented  in  the  General  Assembly,  That  the  act  entitled  "  An  act  "f^l  *°'™  ''*' 
for  the  assessment  of  property  and  the  collection  of  taxes  in  coun- 
ties adopting  the  township  organination  law,"  approved  February 
12,  1853,  be  and  the  same  is  hereby  so  amended  that  wherever 
the  word  assessor  or  assessors  occurs  in  said  act,  it  shall  be  held  to 
mean  "town  assessor,"  or  "town  assessors,"  as  the  case  may  be. 

§  2.     The  return  of  the   schedule  or  list  of  taxable  property  Assessment  of 
belonging  to  any  railroad    company  or  companies  required  to  be  f '^schecu^'tcfbe 
made  by  this  act,  shall  be  made  to  the  county  clerk,  instead  of  the  i-ii'i  before  super- 
assessor  ;  and  the  clerk  shall   lay  the  same  before  the  board  of  ^^^°'^^' 
supervisors  when  they  meet  to  equalize  the  assessment  of  proper- 
ty.    If  a  majority  of  said  board  are  satisfied   that  such  return  is 
correct  they  shall  assess  it   accordingly ;  but  if  they  believe  that  where  scheduk 
such  schedule  or  list  does  not  contain  a  full   and  fair  statement  of  ^^j^,"^^  ^j^'^'  ^^^^^ 
the  property  of  such  company  subject  to   taxation  in  said   county,  the  property, 
made  out  and  valued  in  accordance  with  the  requirements  of  law, 
said  board  shall  assess  such  property,  or  cause  it  to  be  assesssed,  in 
accordance  with  the  rules  prescribed  for   assessing  such  property. 
The  schedule  or  list  referred  to  in  this  section  shall  be  delivered  Schedule  when 
at   the  office  of  the    county  clerk  of   the  proper    county,  on  or  countyViIrk!^  * 
before  the  first  day  of  May  in  the  year  in  which  such  property  is 
required  to  be  assessed  ;  and  if  such  schedule  or  list  be  not  so 
delivered  within  the  time  specified  in  this  section,  it  shall  be  the 
duty  of  the  county  clerk  to  obtain,  as  near  as  practicable,  a  correct 
list  of  the  property  of  such  company,  with  the  valuation   thereof, 
in  each  town  or  district  in  his  county  ;  which  list  shall  be  laid 
before  the  board  ;  and  said  board  shall  take  action  thereon  in  like 
manner  as  if  the  return  had  been  made  by  the  company,  and  shall 
allow  the  clerk  such  compensation  as  may  be  right  and  proper  for 
his  services  and  expenses  in  obtaining  such  list.     All  property, 
whether  owned  by  individuals  or  corporations,  shall  be  listed  with  Property  listed 
reference  to  the  quantity  on  hand  and  owned  on  the  first  day  of  ^^^1^^"'''^^"* 
April  instead  of  May :  provided,  that  government  or  other  lands  proviso 
not  previously  listed  shall  be  returned,  and  be  subject  to  taxation 
in  accordance  with  the  fifty-sixth  section  of  the  act  mentioned  in 
the  first  section  of  this  act. 


176 


REVENUE. 


[div.  5. 


Penalty  where 
eompauy  refuses 
to  list. 


Schedule  of  rail- 
road company, 
what  shall  set 
forth. 


Shall  set  forth 
land  for  right  of 
way  and  other 
purposes. 


All  is  real  prop- 
erty. 

Shall  Bet  forth 
length  of  track. 


What  is  fixed 
property. 


Inventory  of 
rolling  stock, 
and  value. 


Rolling  stock, 
ifhere  taxed. 


Other  property, 
where  taxed. 


Lands  other  than 
in  lota,  shall  be 
entered  by  as- 
sessor. 

How  bounded. 


§  3.  Every  company  required  to  make  return  as  aforesaid,  that 
shall  refuse  or  neglect  to  deliver  to  the  clerk  of  the  proper  county, 
er  to  his  deputy,  within  the  time  specified  in  the  foregoing  section, 
a  correct  list  of  their  taxable  property  in  such  county,  made  out  in 
accordance  with  the  requirements  of  ihe  laws  of  this  state,  shall 
be  liable  to  the  penalty  imposed  by  the  eighth  section  of  the  act 
referred  to  in  the  first  section  of  this  act. 

§  4.  The  schedule  or  list  of  the  taxable  property  of  railroad 
companies  shall  set  forth  a  description  of  all  the  real  property 
owned  or  occupied  by  the  company  in  each  county,  town  and  city 
through  which  such  railroad  may  run,  and  the  actual  value  of  each 
lot  or  parcel  of  land,  including  the  improvements  thereon,  except 
the  track  or  superstructure  of  said  road,  shall  be  annexed  to  the 
description  of  such  lot  or  parcel  of  land.  Said  list  shall  set  forth 
the  number  of  acres  taken  for  right  of  way,  stations  or  other  pur- 
poses, from  each  tract  of  land  through  which  said  road  may  run, 
describing  said  land,  as  near  as  practicable,  in  accordance  with*  the 
surveys  of  the  United  States,  giving  the  width  of  the  strip  or  par- 
cel of  land,  and  its  length  through  each  tract ;  also,  the  whole  num- 
ber of  acres  and  the  aggregate  value  thereof  in  said  county,  town 
and  city.  All  of  the  property  mentioned  in  this  section  shall  be 
denominated  real  property.  The  list  aforesaid  shall  set  forth  the 
length  of  the  main  track,  and  the  length  of  all  side  tracks  and 
turnouts  in  each  county,  city  and  town  through  which  the  road 
may  run,  with  the  actual  value  of  the  same,  and  the  value  of  the 
improvements  at  each  of  the  several  stations  when  said  stations 
are  not  a  part  of  city  or  town  lots.  The  said  stations  and  track 
shall  be  denominated  "  fixed  and  stationary  personal  property." 
The  list  shall  contain  an  inventory  of  the  rolling  stock  belonging 
to  said  company  with  the  value  thereof;  said  rolling  stock  shall  be 
denominated  personal  property ;  also,  a  statement  of  the  value  of 
all  other  personal  property  owned  by  said  company  in  each  county, 
city  and  town.  The  length  of  the  whole  of  the  main  track  within 
this  state,  and  the  total  value  of  the  rolling  stock,  shall  be  set  forth 
in  said  list.  The  rolling  stock  shall  be  listed  and  taxed  in  the 
several  counties,  towns  and  cities,  •pro  rata,  in  proportion  as  the 
length  of  the  main  track  in  such  county,  town  or  city  bears  to  the 
whole  length  of  the  road.  All  other  property  shall  be  listed  and 
taxed  in  the  county,  town  or  city  where  the  same  is  located  or 
ised.  The  description  of  all  lands  owned  by  any  railroad  com- 
pany, for  right  of  way  or  station  purposes,  other  than  those  which 
are  a  part  of  laid  off  town,  city  or  village,  shall  be  entered  by  the 
assessor  on  his  books,  as  being  a  strip  or  tract  of  land  extending 
on  each  side  of  the  said  railroad  track,  and  embracing  the  same, 
commencing  at  the  point  where  the  said  railroad  track  crosses  the 
boundary  line  of  said  county,  city  or  town,  and  extending  to  the 
point  where  the  said  track  crosses  the  boundary  line  of  said  county, 
city  or  town,  or  to  the  point  of  its  termination  in  the  same,  as  the 
case  may  be,  containing  —  acres,  more  or  less,  (inserting  name 
of  county,  city  or  town,  boundary  line  of  the  same  and  number  of 


DIV.  5.]  ASSESSMENT   AND  "  COLLECTION.  177 

acres,)  and  when  advertised  by  any  sheriff  or  collector,  to  be  sold 
for  taxes,  or  when  so  sold,  no  other  description  shall  be  necessary. 
If  any  clerk  or  assessor,  as  aforesaid,  shall  change  the  valuation  of  if  valuation 
property  as  aforesaid,  or  any  of  the  same,  that  shall  be  returned  by  ^be'^glteu"""' 
any  railroad  company,  he  shall  give  notice  of  such  change,  as  pro- 
vided for  in  section  nine  of  "  an  act  for  the  assessment  of  property 
and  the  collection  of  taxes  in  counties  adopting  the  township  organ- 
ization law,"  approved  February  12,  1853. 

§  5.     The  county   clerk  shall  furnish  at  the  expense  of   the  County  cUTk  to 
county,  suitable  blanks  for  the  use  of  the  assessors,  and  is  hereby  ^^""^"^  biuuks. 
authorized  and  required  to  assess  and  enter  on  the  list  for  taxation 
any  and  all  property,  whether  real  or  personal,  that  may  have  been  cierk  to  enter 
omitted  in  the  regular  assessment  list ;  and  if  any   such  omissions  property  omitted, 
be  not  discovered  in  time  to  be  entered  on  the  tax  list  of  the  proper 
year,  he  shall  add  the  amount  of  tax  due  thereon  to  the  tax  of  the 
following  year.     The  list  of  taxable  real  estate  required  to  be  fur- List  of  real  estate, 
nished  for  the  use  of  the  assessors  shall  be  made  out  from  the  col-fjo^'"^^*^""* 
lector's  book,  instead  of  the  assessment  list,  and  the  town  collectors 
shall  deposit  the  tax  lists  or  books  furnished  them  by  the  county 
clerk,  with  the  county  treasurer,  at  the  time  of  their  settlement 
with  said  treasurer  ;  and   said  treasurer  shall,  within  two  mouths  ^"oi^s  to  be  de- 
thereafter,  deliver  said  tax  books  to   the   county  clerk,  who  shall 
deposit  them  in  his  office,  to  be  kept  as  part  of  the  records  of  said 
office. 

§  6.     Each  assessor  shall  at  the   time  of  taking  a  list  of  the  Duty  of  assessor 
personal  property,  in  the  year  or  years  in  which  the  real  property  sub^cquenurb©- 
is  not  required  to  be  listed,  also  take  a  list  of  all  real  property  sit-  coming  ta.\:ibie, 
uate  in  his  town  that  shall  have  become  subject  to  taxation  since  thereof, 
the  last  previous  listing  of  property  therein  with  the  value  thereof, 
and  of  all  new  buildings  or  other  structures  of  any  kind,  the  value 
of  which  shall  not  have  been  previously  added  to  or  included  in 
the  valuation  of  the  real  property  on  which  such  structures  have 
been  erected,  and  shall  make  return  thereof  to  the  county  clerk  at 
the  same  time  he  makes  return  of  the  personal  property ;  in  which 
return  he  shall  set  forth  a  description  of  the  real  property  on  which  what  return 
each  of  such  structures  shall  have  been  erected,  the  kind  of  struct- ^'^^ '"^^  *^'''*- 
ures  so  erected,  and  the   true    value  added  to  such  parcel  of  real 
property  by  the  erection  thereof;  and  the  additional  sum  which  it 
is  believed  the  land  on  which   the  structure  is  erected  would  sell 
for  at  private  sale  in   consequence  thereof,  shall  be  considered  the 
value   of  such  new   structure ;  and  in  case  of  the  destruction  by 
fire,  flood  or  otherwise,  of  any  building  or  structure  of  any  kind 
whidi  shall  have  been  ei'ected  previous  to  the  last  valuation  of  the 
land  or  lot  on  which  the  same  shall  have  stood,  or  the  value  of 
which  shall  have  been  added  to  any  former  valuation  of  such  land 
or  lot,  the   assessor   shall  determine,  as  near  as  practicable,  how 
much  less   such  property  would  sell  for  at  private  sale  in  conse- 
quence of  such  destruction,  and  make  return  thereof  to  the  county 
clerk,  as  in  this  section  provided.     In  all  such  cases  the  clerk  shall  Clerk  toaddfrr- 
add  to  the  former  valuation  of  such  property  the  amount  of  the  *"^'  ^ 
12 


178 


REVENUE. 


[div.  5. 


Subdivision  of 
lots  and  blocks. 


additional  value,  and  deduct  from  the  former  valuation  the  amount 
of  decreased  value,  in  accordance  with  the  return  made  as  afore- 
said: -provided,  that  the  board  of  supervisors  shall  have  power  to 
equalize  or  correct  any  such  returns.  If  any  tract  or  parcel  of 
land  shall  be  subdivided  into  town  or  city  lots,  or  blocks  after  the 
previous  assessmen-t  thereof,  it  shall  be  the  duty  of  the  assessor,  at 
the  time  of  taking  a  list  of  the  personal  property  as  aforesaid,  to 
assess  and  return  the  value  of  such  lots  or  blocks  in  hke  manner 
as  if  the  land  had  not  been  assessed ;  and  the  clerk  shall  correct 
the  tax  list  accordingly.  Section  forty-nine  of  the  act  mentioned 
in  the  first  section  of  this  act  is  hereby  repealed,  provided  that  the 
town  assessors  shall  call  at  the  clerk's  office  for  the  lists,  blanks,  &c 


Bond  by  whom, 
approved. 


Proviso, 


Advertising  de- 
linquent lands. 


Sale  for  1854. 
Proviso. 


When  delinquent 
lands  shall  he 
sold  for  taxes. 


Sections  repealed. 
Provieo. 


REGULATING   THE    COLLECTION    OP   THE   REVENUE   IN  COUNTIES 
ADOPTING   THE    TOWNSHIP    ORGANIZATION    LAW. 

§  7.  The  act  entitled  "  An  act  regulating  the  collection  of  the 
revenue  in  counties  adopting  the  township  organization  law," 
approved  February  12,  1853,  be  so  amended  that  the  judge  of  the 
county  court,  county  clerk,  and  chairman  of  the  board  of  supervi- 
sors, shall  have  power  to  approve  of  the  bond  required  by  the 
third  section  of  said  act,  in  like  manner  as  the  board  of  supervisors 
have  power  to  approve  of  such  bonds ;  which  bond  shall  be  exe- 
cuted before  the  first  day  of  December  in  each  and  every  year : 
provided^  that  any  such  bond  executed  after  the  time  specified  in 
this  section  shall  not  be  void  in  consequence  of  not  having  been 
executed  within  the  time  aforesaid.  But  in  no  case  shall  the 
county  treasurer  act  as  collector,  or  receive  any  state  revenue  until 
after  he  shall  have  executed  and  filed  the  bond  required  by  the 
aforesaid  third  section. 

§  8.  The  collector  may  advertise  the  list  of  delinquent  lands 
and  town  or  city  lots  upon  wbieh  any  taxes  remain  due  and  unpaid 
on  the  second  Monday  in  March,  at  any  time  thereafter. 

§  9.  The  lands  and  lots  delinquent  for  taxes  of  the  year  1854, 
or  for  any  previous  year  or  years,  shall  be  sold  on  the  second  Mon- 
day in  May,  1855 :  -provided,  that  if  for  any  cause  judgment 
thereon  shall  not  be  obtained  at  the  May  term  of  the  county  court, 
judgment  may  be  had  at  any  regular  term  of  the  county  court 
thereafter  and  the  sale  shall  be  on  the  Monday  next  after  the  first 
day  of  the  term  at  which  judgment  is  obtained ;  which  sale  may  be 
continued  from  day  to  day,  as  is  now  provided  for  by  law. 

§  10.  All  lands  and  town  or  city  lots  upon  which  the  taxes  shall 
remain  unpaid  on  the  second  Monday  of  March  next,  after  such 
taxes  become  due,  shall  be  considered  delinquent ;  and  all  such 
lands  and  lots  shall  be  sold  on  the  second  Monday  of  May  next 
after  they  become  delinquent,  or  as  soon  thereafter  as  practicable. 
Sections  fifteen,  sixteen,  eighteen,  nineteen,  twenty,  twenty-one, 
twenty-two,  tw(mty -three,  twenty-four  and  twenty-five  of  the  act 
mentioned  in  the  seventh  section  of  this  act,  and  all  other  acts  or 
parts  of  acts  conflicting  with  this  act,  are  hereby  repealed :  pro^ 


DIV.  5.]  ASSESSMENT  AND   COLLECTION.  179 

vided,  that  so  much  of  the  aforesaid  sections  and  laws  as  requires 
fifty  per  cent,  and  costs  to  be  charged  and  collected  on  the  tax  of 
the  year  1853,  remaining  unpaid,  shall  remain  in  full  force. 

§  11.     The  fees  allowed  by  law  for  making  out  the  list  of  real  Fees  how  paid, 
estate  for  the  use  of  the  assessors  shall  be  paid  out  of  the  county 
treasury ;  and^the  board  of  supervisors  shall  allow  the  clerk  such 
reasonable  compensation  as  may  be  right  and  just  for  his  services  Compensation  t^ 
in  making  out  and  recording  the  abstract  required  to  be  made  out  J.'f^''^'°jj")'"°. 
and  recorded  by  the  tenth  section  of  the  act  mentioned  in  the  seventh  sora.    ^  ''"1"="'' 
section  of  this  act,   and  for  making  list  of  delinquent  lands  and 
lots  sold  for  taxes,  for  the  auditor's  office,  and  for  making  settlement 
with  the  county  collector,  and  for  making  certified  statement  of  said 
settlement  for  the  use  of  the  auditor's  office ;  all  of  which  shall  be 
paid  out  of  the  county  treasury. 

§  20.     So  much  of  the  several  acts  mentioned  in  this  act,  as  re- List  of  non-resi- 
nuires  a  list  of  the  non-resident  property  to  be  made  separate  from  ^'"^  P''"P«''ty 

.1  •!      .  ,^1  ,.     ,    "^  '  uot  required. 

the  resident  property  for  the  use  of  the  county  treasurer  or  county 
collector,  be  and  the  same  is  hereby  repealed,  and  hereafter  the 
clerk  shall  include  all  the  taxable  property,  whether  owned  by  res- 
idents or  non-residents,  in  the  tax  lists  furnished  the  town  collect- 
ors. All  real  property  returned  by  the  town  collectors  to  the 
county  collector  as  delinquent,  shall  be  considered  non-resident  All  deiinciuent 
property,  and  the  county  collector  shall  proceed  to  collect  the  taxes  no"u-rw'iaent!''^* 
due  thereon,  by  sale  or  otherwise,  as  provided  for  by  law.  Town 
collectors  shall  make  out  and  deliver  to  the  county  collector,  at 
the  time  of  their  settlement,  a  list  of  all  the  delinquent  property 
aforesaid,  which  fist  shall  contain  a  true  description  of  said  prop- 
erty, the  name  of  the  person  to  whom  listed,  the  amount  of  taxes 
charged  on  each  parcel  of  property,  and  such  other  facts  relative 
thereto  as  may  be  set  forth  in  the  list  furnished  him. 

******* 
§  22.    In  counties  that  have  adopted  township  organization,  the  County  collector 
tax  on  property  owned  by  railroad  companies  shall  not  be  charged  onTai^roud  " 
on  the  tax  books  made  for  the  use  of  the  town  collectors,  but  a  cer- property- 
tified  statement  of  such  tax  and  property  shall  be  delivered  to  the 
county  collector,  and  said  collector  shall  collect  the  amount  of  tax 
due  from  such  company  or  companies,  and  pay  the  same  over  to 
the  state  treasurer   and   other  persons  authorized  to  receive  it,  in 
like  manner  as  taxes  due  on  non-resident  property  are  required  to 
be   collected  and   paid   over  by  him.     If  any  such  company  shall  if  unable  to  coi- 

1      .  c         J.  .  1        1       xi  •  1     1    i>        1      '*^ct  to  prosecute 

neglect  or  refuse  to  pay  any  tax  due  by  them,  as  provided  for  by  suit. 
law,  and  the  collector  can  not  find  property  in  his  county  belonging 
to  said  company  sufficient  to  make  the  amount  of  tax  due  as  afore- 
said he  may,  and  it  shall  be  his  duty  to  prosecute  suit  therefor  in 
any  court  having  jurisdiction  thereof  in  this  state.  That  in  cases  Time  for  tax  sale* 
where  judgment  has  heretofore  or  may  hereafter  be  rendered  for 
taxes  due  on  real  estate,  and  from  any  case  [cause]  whatever  the 
collector  failed  to  offer  the  property  for  sale  at  the  time  required 


180  REVENUE.  [DIV.  5. 

by  law,  said  collector  may  offer  said  property,  or  so  much  thereof 

as  may  be  necessary  to  pay  taxes  and  costs  remaining  unpaid  at 

the  time  of  sale,  at  any  subsequent  time,  by  giving  notice  of  the 

time  and  place  of  said  sale,  which  notice  shall  be  pubhshed  in  like 

manner,  and  for  the  length  of  time  that  notices  for  judgments  and 

sale  of  such  property  are  required  to  be  pubhshed  ;  and  in  cases 

incaseofappeais.  of  appeals  in  suits  for.  delinquent  taxes,  when  the  judgment  is 

affirmed,  sale  may  be  made  at  any  time  after  the  affirmation  of 

Fee  for  publish-  such  judgment,  by  giving  notice  as  aforesaid.     The  fees  for  pub- 

lefted  ^  '^°^'       lishing  notice  as  aforesaid  shall  be  chai-ged  and  collected  as  other 

costs. 

§  23.    This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 
Approved  February  14, 1855. 

In  force  June  23  -^^  -^c*  declaring  certain  Lands  exempt  from  Taxation. 

■'^^^"  Section  1.     Be  it  enacted  hy  the  people  of  the  State  of  Ulinoisy 

Rule  of  assess-    represented  in  the   General  Assembly,  That  assessors  are  hereby 
meut.  required  to  take  into  consideration  the  diminution  in  value  of  lands 

occasioned  by  any  public  road,  railroad,  canal  or  its  feeders,  em- 
bankments, or  earth  dug  or  thrown  therefrom,  in  estimating  the 
value  of  the  same,  and  that  the  owners  of  lands  thus  occupied  or 
incumbered  shall  only  be  required  to  pay  taxes  on  the  same,  de- 
ducting the  loss  occasioned  by  said  incumbrances. 

§  2.     This  act  to  be  in  force  from  and  after  its  passage. 
Approved  June  23,  1852. 

In  force  Febraary  -^^  ^^^  ^^  amend  the  Revenue  Laws. 

21, 1859.  Section  1.     Be  it  enacted  hy  the  People  of  the  State  of  Minois, 

Former  act         represented  in  the  General  Assembly,  Tliat  the  seventh  section  of 
amendea.  the  act  entitled  "An  act  for  the  assessment  of  property  and  the 

collection  of  taxes  in    counties  adopting  the  to\vnship  organiza- 
tion law,"  and  the  seventh  section  of  "An  act  for  the  assessment 
of  property,"  approved  February  12th  1853,  be  and  the  same  are 
hereby  so  amended,  that  the  quantity  in  acres,  of  wheat,  corn  and 
all  other  field  productions,  shall  be  ascertained  and  set  forth  by  the 
Assessor  to  gath-  f^'Sscssor,  in   columus  prepared  for  that  purpose,  to  wit :  the  num- 
er  statistics  of     ber  of  acrcs  of  wheat  shall  be  placed  in  one  column ;  the  number 
of  acres  of  corn  shall  be  placed  in  one  column ;  and  the  number 
of  acres  of  all  other  field  productions  shall  be  placed  together  in 
one  column  in  like  manner  as  the  quantity  of  other  personal  prop- 
erty is  required  to  be  set  forth,  except  that  the  value  thereof  shall 
not  be  estimated  or  set  forth. 
Auditor  to  give        ^  ^*     "^^^  auditor,  in  preparing  the  forms  of  assessor's  books, 
instructions.       for  the  year  1860,  and  thereafter,  shall  give  the  necessary  instruc- 
tions for  carrying  this  act  into  effect.  » 
Approved  February  21,  1859. 


DIV.    5.]  ASSESSMENT   AND    COLLECTION.  181 

Aa  Act  ia  relation  to  the  Assessment  of  the  Property  of  Railroad  Compa-  in  force  FcIk 
nies  for  taxation,  in  counties  adopting  the  Township  Organization  Law.       ruury  21,  1861. 

Section  1,     Be  it  enacted  by  the  People  of  the  State  of  lilt- Ust  o(  property 
nois,   represented  in   the    General  Assembly,  That  wlienever   the  cierk!""'  i-^^unty 
schedule  or  list  of  taxable  property  belonging  to  any  railroad  com-       * 
pany  shall  be  filed  with  the  county  clerk  of  any  county  adopting  the 
township  organization   law,  and  the  valuation  of  the  property  de- 
scribed in  such  schedule   as   fixed   by  said  scliedule,  shall   be  in- 
creased by  the  board  of  supervisors  of  such  county,  then  an  appeal  Appeal  by  raJi- 
may  be  taken  by  such  company  from  such  order  of  the  board  of  super-  '""'"^-  '^'>°'P'"'y- 
visors  to  the  circuit  court  of  said  county,  by  filing  bond  with  the  clerk 
©f  the  county  court  of  said  county  in  double  the  sura  assessed  by  said 
board  on  the  property  of  said  company,  within   thirty  days  after 
the  said  assessment  shall  have  been  increased  by  said  board  oi'  su- 
pervisors.    Said  bond  shall  be  executed  to  the  people  of  the  state 
•of  Illinois,  for  the  use  of  the  people  of  said  county,  with  good  and 
sufficient  security,  and  shall   contain   the  provisions  now  retjuired 
by  law  in  cases  of  appeal   from  justice  of  the  peace  to  the  circuit 
court. 

§  2.     All  appeals  taken  under  the  provisions  of  tliis  act   shall  Trial  of  appeaia. 
be  set  by  the  clerk  of  said  circuit  court  tor  the  second  day  of  the 
term  to  which  appeal  may  be  taken,  and  shall  be  tried  by  the  court 
or  a  jury  as   other  cases  of  appeal    under   existing  laws  of  this 
state. 

§  3.     The  payment   of  the  tax  of  such  railroad  company,  ac- Payment  of  tax. 
cording  to  the  list  and   valuation   filed   by  it,  shall  not  be  in  any 
manner  delayed  by  the  taking  of  such  appeal. 

§  4.  Any  resident  tax  payer  of  said  county,  feeling  aggrieved  RcMdont  tax  pay- 
by  the  assessment  of  said  board,  shall  have  the  right  to  appeal "'"  "^^"^ 
from  such  assessment  to  the  circuit  court  of  said  county,  by  filing 
good  and  sufficient  bond  with  the  clerk  of  said  county  court,  within 
thirty  days  after  such  assessment  shall  have  been  increased  or  ac- 
quiesced in  by  said  board,  in  a  sura  sufficient  to  cover  all  costs  tiiat 
may  accrue  in  consequence  of  such  appeal ;  which  bond  shall  be 
made  payable  to  said  railroad  company,  and  sliall  contain  all  the 
provisions  now  required  in  appeal  bonds  under  the  laws  of  this 
state. 

§  5.     This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  February  21,  1861. 

An  Act  to  provide  for  the  interest  on  the  State  Debt.  In  fore*  January 

'  _      ^     1. 1802. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  it  shall  be  the  duty  of  ^j^gg^g^j^ 
the  auditor  of  public  accounts  to  assess,  annually,  upon  the  tax- 
able property  of  this  state,  in  addition  to  all  other  taxes,  a  sum 
sufficient  and  no  more,  with  the  interest  fund,  if  any,  in  the  state 
treasury,  to  pay  the    interest  upon    the  state  debt,  upon   which 


182  REVENUE.  [diV.  5. 

interest  is  legally  payable;  which  said  sum  shall  be  assessed  and 
collected  in  the  same  manner  as  other  state  revenue  is  or  may  be 
assessed  and  collected;  said  assessment  not  to  exceed  one  and  a 
half  mills  on  each  dollar  of  taxable  property. 

§  2.     The  fund  thus  collected  shall  be  kept  separate  and  shall 
♦         be  denominated  the  interest  fund,  and  shall  be  applied  to  the  pay- 
ment of  interest  upon  the  state  debt,  and  for  no  other  purpose 
whatsoever. 

§  4.     This  act  to  take  effect  and  be  in  force  from  and  after  th-^ 
first  day  of  January,  A.  D.  1862. 
Approved  February  22,  1861. 


legalized. 


In  force  Feb.  15,         An  Act  to  legalize  Assessments  heretofore  and  hereafter  to  be  made. 

sessments  SECTION  1.     Be  it  enacted  hy  the  People  of  the  State  of  Illinois^ 

represented  in  the  General  Assembly,  That  where  any  county  or 
township  assessor  has  heretofore  failed,  or  shall  hereafter  fail  to 
complete  or  finish  his  assessment  in  the  time  required  by  law,  such 
failure  shall  not  vitiate  such  assessment,  but  the  same  shall  be  as 
legal  and  valid  as  if  the  same  had  been  completed  in  the  time  re- 
quired by  law:  provided,  that  this  act  shall  not  release  any  such 
assessor  of  any  county  or  township  from  any  liability  imposed  by 
law  for  the  non-fulfillment  of  his  duty. 

This  act  to  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  February  15,  1851. 

In  force  April  24,  An  Act  to  relieve  the  People  of  this  State  from  the  payment  of  exorbitant 
^^^-  and  imuecessary  Taxes. 

Preamble.  Whereas,  out  of  the  entire  two-mill  tax  collected  for  the  last  two 

yeare,  under  the  provisions  of  the  15th  article  of  the  constitu- 
tion of  this  state,  less  than  three  per  cent,  has  been  called  for 
by  the  creditors  of  the  state  entitled  to  receive  the  same ;  and 
whereas  all  of  the  indebtedness  thus  presented  has  been  paid  in 
full,  and  the  other  bondholders  entitled  to  receive  pro  rata  pay- 
ments on  their  bonds,  in  accordance  with  the  terms  prescribed 
by  the  said  15th  art.  of  the  constitution,  have  Avholly  declined 
and  refused  and  do  still  decline  and  refuse  to  receive  any  portion 

Two-mm  tai.  of  the  said  two-mill  tax  fund ;  and  whereas  the  convention  that 

framed  the  constitution  declared  that  the  said  15th  art.  contem- 
plates a  consent  on  the  part  of  our  bondholders  to  receive  the 
said  funds,  when  collected,  as  indispensable  to  the  assessment 
and  collection  of  the  same ;  and  whereas  our  present  financial 
condition  requires  that  provision  shall  be  made  for  an  increase 
in  the  revenue  fund,  while  a  just  regard  for  the  interests  of  our 
state  and  the  prosperity  of  her  people  imperatively  demands 
that  such  provision  shall  be  made,  without  increasing,  but  on  the 
contrary,  if  possible,  by  diminishing  our  present  heavy  rate  of 
taxation ;  therefore. 

State  tax  for  two       SECTION  1.     Be  it  enacted  hy  the  People  of  the  State  of  Illinois^ 

y^s  one-half     represented  in  the  General  Assembly^  That  there  shall  be  assessed 


DIV.  5.]  COLLECTION.  183 

and  collected,  in  the  same  manner  as  other  State  taxes  are  assessed 
and  collected,  one-half  of  one  mill  upon  each  dollar's  worth  of  tax- 
able property  in  this  State,  fox  the  year  1861,  and  also  for  the  year 
1862;  and  the  assessment  and  collection  of  all  other  state  taxes,  othnr  taxes  sus- 
except  the  school  tax,  for  the  above  mentioned  yeai-s  is  hereby  i"^"*^^'*- 
suspended. 

§  2.     All  funds  now  in  the  state  treasury  and  belonging  to  the  punas  in  sute 
state,  except  the  interest  fund  and  the  school  fund,  and  the  Central  treasury  carri.-d 

ovur  to  rcvcDUG 

railroad  fund,  shall  be  loaned  and  transferred  by  the  state  treasurer,  fund, 
upon  the  auditor's  warrant,  to  be  drawn  for  that  purpose,  to  the 
revenue  fund ;   and  all  funds  hereafter  received    into  the    state  Funds  ooiiectci 
treasury  and  belonging  to  the  state,  except  the  said  interest  fund  J^y'euue  fund" 
and  the  said  school  fund,  and  said  Central  railroad  fund,  shall  be 
paid  into  the  said  revenue  fund;  and  said  funds  shall  be  subject  to 
be  drawn  therefrom  upon  auditor's  warrants  issued  for  the  pay- 
ment of  appropriations  made  by  law. 

§  3.  It  shall  be  the  duty  of  the  state  treasurer  to  transfer  interest  fund 
from  the  revenue  fund,  or  any  other  funds  in  the  state  treasury,  to  p'""'^'-''^  ^°^- 
the  interest  fund,  at  such  time  or  times  as  may  be  necessary,  upon 
the  auditor's  warrant,  to  be  drawn  for  that  purpose,  a  sum  sufficient 
to  make  up  any  deficiency  in  said  interest  fund,  and  to  provide 
fully  for  the  payment  of  the  interest  on  the  state  debt,  as  the  same 
regularly  becomes  due ;  and  it  shall  not  be  laAV'ful  for  the  said  state 
treasurer  to  allow  the  said  revenue  fund  to  be  reduced  at  any 
time,  by  the  payments  of  auditor's  warrants  drawn  thereon,  below 
an  amount  sufficient  for  the  purpose  of  making  ample  provision 
for  any  deficiencies  which  may  exist  in  the  said  interest  fund  as 
aforesaid.  » 

§  2.     This  act  to  be  in  force  from  and  after  its  passage. 

Approved  February  8,  1861. 

COLLECTION. 

An  Act  regulating  the  Collection  of  tlie  Revenue  in  Counties  adopting  the  In  force  Febnia- 
Tovvnship  Organization  Law.  ^  ^'  ^°^- 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of  Illinois,  what  fundiishaa 
represented  in  the  General  Assembly,  That  the  county  revenue  ^^^^g^'^*'*^^'''^ 
shall  be  collected  in  gold  and  silver  coin,  county  orders  and  jury 
certificates,  and  in  no  other  currency  ;  the  revenue  for  state  pur- 
poses shall  be  collected  in  gold  and  silver  coin,  and  auditor's  war- 
rants, and  in  no  other  currency  ;  and  state  taxes,  levied  for  any 
special  purpose,  other  than  to  defray  the  ordinary  expenses  of  the 
state  government,  shall  be  collected  in  gold  and  silver  coin,  and  in 
no  other  currency. 

§  2.     The  treasurer  of  each  county  shall  be  the  county  collector,  Jj^^'^'^'^p^^^^^j^j 
and  his  refusal  to  qualify  and  act  as  such  shall  vacate  his  office  of  '^°^^  y  co  e 
treasurer,  which  shall  be  filled  as  in  other  cases  of  vacancy. 

§  3,     Said  collector  shall,  at  the  September  meeting  of  the  board  County  collector 
of  supervisors,  annually,  and  before  he  enters  upon  the  duties  of  JJjIUy.  °°  *"' 


Bond  be  ap- 
proved. 


18^  REVENUE.  [DIV.  5. 

Condition  of  bond  his  office  as  coUector,  execute  a  bond,  in  addition  to  his   bond  as 
Becurities.  treasurer,  in  a  penalty  of  at  least  double  the  amount  of  the  state 

taxes  to  be  collected  in  the  year  next  thereafter,  with  two  or  more 
securities,  who  shall  be  residents  of  the  said  county,  and  owners  of 
real  estate  equal  in  value  to  the  amount  specified  in  the  bond ; 
which  amount  shall  be  determined,  and  which  bond  shall  be  ap- 
proved by  the  board  of  supervisors,  and  shall  be  witnessed  by  at 
least  one  witness  who  can  write  his  name,  and  be  substantially  in 
the  following  form,  to  wit:' 

Form  of  bond.  "Know  all  men  by  these  presents,  that  we,  A.  B.,  collector,  and  C.  D.  and 

E.  F.,  securities,  all  of  the  county  of ,  and  state  of  Illinois,  are  held 

and  firmly  bound  to  the  people  of  the  state  of  Illinois  in  the  penal  sum  of 

dollars,  for  the  payment  of  which,  well  and  truly  to  be  made,  we 

bind  ourselves,  each  of  us,  our  heirs,  executors  and  administrators,  firmly  by 
these  presents.     Signed  with  our  hands  and  sealed  with  our  seals,  this  —  day 

of ,  18—. 

"The  condition  of  the  foregoing  bond  is  such,  that  if  the  above  bound 
A.  B.  shall  perform  all  the  duties  required  to  be  performed  [by]  him  as  col- 
lector of  the  taxes  for  the  year  18 — ,  in  the  time  and  manner  prescribed  by 
law,  and  when  he  shall  be  succeeded  in  office,  shall  surrender  and  deliver  over 
to  his  successor  in  office  all  books,  papers  and  moneys  belonging  to  said 
county,  or  to  the  state  and  appertaining  to  his  said  office,  then  the  foregoing 
bond  to  be  void,  otherwise  to  remain  in  full  force. 

A.  B.     [/..  s 
C.  D.     [i..  s 
E.  F.    [l.  s.; 
•'  Signed,  sealed  and  delivered  in  presence  of  me,  G.  H." 

Shau  take  oath.  He  shall  also  take  and  subscribe  an  oath,  to  be  endorsed  on  the 
back  of  the  bond,  before  some  person  authorized  to  administer 
oaths  that  he  will  faithfully,  dilig-ently,  and  impartially,  to  the  best 
of  his  judgment  and  ability,  perform  all  the  duties  required  of  him 
by  law  as  such  collector.^ 
Bond  not  void  §  4.  Bonds  givcn  in  pursuance  of  this  act  shall  not  be  con- 
a^sscssmenT.^'^''' '"  sidcred  void,  nor  shall  any  security  be  released  from  any  liability 
thereon,  in  consequence  of  any  informality  in  the  assessment,  or  in 
making  out  the  assessment  lists,  nor  of  any  ehange  or  alteration  in 
the  law  made  by  the  general  assembly,  although  the  same  may  be 
made  after  the  execution  of  said  bond. 

§  5.     The  collector's  bond   shall  be  approved  by  the  board  of 

(1)  Amended  ;  see  act  for  assessment  of  property  and  collection  of  revenue,  approved  Feb. 
14.  1855,  sec.  7,  ante,  page  178. 

(2)  Guyer\.Anrlrews,llllls.,i94:.     People  \.  Smith,'i21d.,2Sl.     Camphor \.  PeopU,  Id., 2^ 

l^cynn  of  Oath  of  County  Collector,  to  he  endorsed  on  back  of  Bond. 

State  of  Illinois,  ) 
Fnltoyi  County,  \  '  ' 

I,  A.  B.,  county  collector  of  the  county  of  Fulton,  in  the  state  of  Illinois, 
do  solemnly  swear  that  I  will  faithfully,  diligently  and  impartially,  to  the  best 
of  my  judgment  and  ability,  perform  all  the  duties  required  of  me  by  law  as 
Buch  collector.  A.  B. 

Subscribed  and  sworn  before  me,  ) 

this  —  day  of ,  18—.  \ 

C.  D.,  Justice  of  the  Peace. 


Bond  approved 
and  entered  on 
lecord  of  board 
•f  supervisors. 


DIV.    5.]  COLLECTION.  jgg 

supervisors,  and  shall  be  correctly  copied  and  entered  on  the 
records  of  said  board,  and  forthwith  mailed  to  the  auditor  of  public 
accounts,  with  the  certificate  of  the  clerk,  under  the  seal  of  his 
office,  showing  that  said  bond  has  been  duly  approved  and  record- 
ed. Said  bond,  when  approved  and  recorded,  shall  be  a  lien 
against  the  real  estate  of  such  collector,  until  he  shall  have  com- 
plied with  the  conditions  thereof. 

§  6.     On  the  first  Monday  of  November,  annually,  or  as  soon  Non-resident  list, 
thereafter  as  the  collector  shall  be  qualified,  the  clerk  shall  deliver  erea"toVoiiector' 
the  tax  lists  or  books  containing   the  non-resident  tax  list,  to   said 
collector,  and  shall   take  from  him  dupHcate  receipts,  setting  forth  Duplicate re- 
the  amount  of  state,  county  and  special  tax  charged  for  said  year,  "^"i^'^- 
one  of  which  shall  be  forwarded  to  and  filed  in  the  office  of  the 
auditor  of  public  accounts,  and  the  other  in  the  office  of  the  county 
clerk.     All  taxes  shall  be  considei-ed  due  from  and  after  the  time  Taxes  when  due. 
the  tax  books  are  required  to  be  delivered  to  the  collector. 

§  7      The  clerk  shall  compute  the  amount  of  taxes  due  on  each  cierk  to  compute 
tract  or  parcel  of  land,  on  each  town  lot  or  block,  and  on  each  per-  |-^^«^^'i>ieoneach 
son's  personal  property,  placing  the  amount  of  such  tax  in  the 
proper  columns  opposite  the  value   thereof,  in   all  cases  rejecting 
the  fractions  of  cents,  and  shall  add  up   the  figures   showing  the 
amount  of  such  tax,  in  the   proper   columns,   and  the   aggregate 
amount  on  each  column  shall  be  noted  on  each  page.     Said  clei-k  Accuracy  to  be 
shall  test  the  accuracy  of  such  additions,  by  computing  the  amount  *'^''^'^- 
of  tax  on   the  aggregate  value  of  property  on  each  page,  that  he 
may  be  certain  that  the   tax  has   been  correctly  extended  and 
added. 

§  8.  In  all  cases  when  any  real  property  has  heretofore  been,  or  Back  tax  added 
may  hereafter  be  forfeited  to  the  state  for  taxes,  it  shall  be  the  duty  thereon.^"'*' 
of  the  clerk,  when  he  is  making  up  the  amount  of  the  tax  due  on 
such  real  property  for  the  current  year,  to  add  the  amount  of  back 
tax  and  fees  remaining  due  on  such  real  property,  with  ten  per 
cent,  interest  thereon,  to  the  tax  of  the  current  year,  and  the  aggre- 
gate amount  so  added  together  shall  be  collected  in  like  manner  as 
the  tax  on  other  real  property  for  that  year  may  be  collected. 

§  9.     The  clerk  shall  annually  make  out  for  the  use  of  the  town  cierktomakeout 
collector,  correct  lists  of  the  property  assessed  to  residents,  which  foj.  c'(XVtor  ^'^' 
lists  shall  set  forth  in  alphabetical  order,  the  names  of  the  persons 
owing  tax  on    personal   property  in   each   collector's  district,  the  List  how  made 
aggregate  value  of  such  property  assessed  to  each  person,  and  the  °"'" 
amount  of  tax  due  thereon,  and  such  other  facts  as  may  be  required 
by  the  forms  and   instructions   provided  for  by  this  act;  he  shall 
make  out  the  abstracts  of  real  property  in  numerical  order,  which 
shall  show  the  name  of  the  person   to  whom   each  tract  or  lot  is 
assessed,  the  value  of  each   tract  or   lot,  and  the  amount  of  taxes 
thereon  ;  which  list  shall  be  made  out  in  strict  conformity  with  the 
forms  and  instructions  furnished  by   the  auditor.     lie    shall  also 
make  out   in  Hke    manner,  for  the   use   of  the  county  collector,  Ahstractfor 
abstracts  of  the  real  property  hsted  as  non-resident  property.  county  coUector. 


186  REVENUE.  [DIV.  5. 

When  lists  are         §  10.     When  the  books  or  lists  for  the  collector  are  completed, 

tniSelbstrac't  the  clcrk   shall  make  out  a  complete  abstract,  showing  the  aggre- 

showing  aggie-    gate  number  and  value  of  each  kind  of  personal  property  enumer- 

property!*^"^      ated  in  the  assessment  list;  the  value  of  unenumerated  articles; 

the  value  of  goods  and  merchandise ;  the  value  of  property  listed 

by  bankers,  bi'okers  and  stock-jobbers  ;  the  value  of  property  listed 

by  manufacturers  ;  the  value  of  moneys  and  credits  ;  the  value  of 

moneys  invested  in  bonds,  stocks,  joint  stock  companies,  &c. ;  the 

value  of  property   hsted  by  banks  ;  the  value  of  lands,  and  the 

value  of  town  and  city  lots ;  the  amount  of  state  tax  due  thereon, 

and  the  rate  of  taxation  for  county  and  other  special  purposes. 

The  value  of  property  assessed  to  non-residents,  and  the  amount  of 

tax  thereon,  shall  be  stated  separately  from  the  non-resident  tax. 

Correctness  to  be  The  correctness  of  said  abstract  shall  be  certified  to  by  the  clerk, 

certified.  ^^j^j-^  ^.j-^g  gg^j  ^^  y^  q^qq  attached,  and  forwarded  to  the  auditor's 

Copy  entered  on  otfice  by  mail.     A  true  copy  of  said  abstract  shall  be  entered  on 

record.  ^jjg  records   of  said  court.     If  any  clerk  shall  knowingly  make  a 

Penalty.  false  or  incorrect  abstract  of  the  value  of  taxable  property,  he 

shall  be  deemed  guilty  of  perjury,  and  punished  accordingly. 

County  collector       §     11.     The  Collector  of  each  county,  upon  receiving  the  assess- 

to  cSielft' °^'^^*  ment  list  of  the  non-resident  property  from  the  clerk  of  the  county 

court,  and  giving   a  receipt  for  the  same,  shall  collect  the  taxes 

charged  upon  said  lists  from  the  persons  owing  the  same,  and  he 

shall  give  such  persons  receipts  therefor. 

County  collector       §   12.     On  Or  before  the  third  Monday  in  April,  annually,  the 

to  rei^ort  to  clerk  collector  shall  make  out  and  file  with  the  county  clerk  a  statement 

delinquent  list       ...  ■         n       t       t  t  t^  ii  ^ 

and  Ust  of  errors  in  writing.  Setting  lorth  the  value  or  property,  and  the  amount  or 
tax  thereon,  in  each  town  that  has  been  returned  to  him  by  the 
town  collectors  as  delinquent,  and  also  a  list  of  the  errors  in  the 
non-resident  list,  showing  a  description  of  the  property  and  the 
amount  of  the  tax  charged  in  error,  and  the   cause  of  the  error ; 

Verified  by  oath,  the  truth  of  said  Statement  and  list  shall  be  verified  by  the  oath  of 
such  collector.     At  the  April  meeting  of  the  board  of  supervisors 

Ab<atements  tobe  he  shall  Settle  with  and  allow  the   collector  credit  for  such  abate- 

a  owe  .  ments  as  he  may  be  legally  entitled  to,  and  the  clerk  shall  certify 

the  value  of  the  property  upon  which  the  taxes  are  so  abated,  and 
the  amount  of  the  state  tax  charged  thereon,  to  the  auditor  of 
public  accounts,  who  shall  allow  the  collector  credit  for  the  amount 

Proviso.  gQ  certified :  provided,  that  if  the  auditor  shall  have  reason  to  be- 

lieve that  the  amount  stated  in  said  certificate  is  not  correct,  or 
that  the  allowance  was  illegally  made,  he  shall  return  the  same  for 

c^erk  to  certify    correction.     If  there  be  no  meeting  in  April,  the  clerk  shall  certify 

auditor.  the  value  of  property  and  the  amount  of  the  state  tax  charged  on 

the  list  of  abatements  filed  by  the  collector,  to  the  auditor,  who 
shall  allow  the  collector  credit  for  the  same,  subject  to  the  future 
action  of  the  board,  and  said  board  shall  examine  and  act  upon  the 
said  list  at  their  first  term  thereafter,  and  their  action  shall  be  cer- 
tified by  the  clerk  to  the  auditor,  who  shall  adjust  the  account  of 
the  collector,  as  provided  for  in  this  act. 


mV.  5]  COLLECTION.  Jgj 

§   13.     The  county  courts  of  the  several  counties  in  this  state  Jurwdiction  of 
shall  have  original  jurisdiction  of  suits  for  taxes  due  on  real  prop-  g°"A'^  '^""\'*  '■* 
erty,  whether  such  courts  be  sittuig  for  the  transaction  of  county 
or  probate  business. 

§  14.     Personal  property  shall  be  Uable  for  taxes  levied  on  real  property  liaWe 
property,  and  real  property  shall  be  liable  for  taxes  levied  on  per-  ^°''  ^^'^  ''^■'^**- 
sonal  property,  but    the  tax  on  personal  property  shall  not  be 
charged  against  real   property,  except  in  cases  of  removals,  or 
where  said  tax  can  not  be  made  out  of  the  personal  property. 

§  15.     If  the  taxes  on  any  town  or  city  lot  or  lots  shall  remain  xo^vn  lots  when 
unpaid  on  the  third  Monday  in  April  next  after  said  taxes  become  how 'ofdV'^ta  • 
due,  the  collector  shall  advertise,  obtain  judgment  and  sell  such  es. 
lots  in  Uke  manner  as  is  provided  for  by  this  act  for  advertising, 
obtaining  judgment  and  selhng  non-resident  and  delinquent  lands. 
And  if  any  such  lots  be  forfeited  to  the  state,  as  is  provided  lor  in  ^^'^  forfeited  to 
the  case  of  delinquent  lands,  the  clerk  shall  certify  to  the  auditor 
the  amount  of  state  tax  charged  on  the  lots  so  forfeited,  and  the  audi- 
tor shall  allow  the  collector  credit  therefor,  and  charge  the  same  to 
the   collector  for  the  following   year.     The  board  of  supervisors  credit  allowed 
shall  allow  the  collector  credit  for  the  amount  of  taxes  charged  for  fcjted'iots"^  ^'^^' 
county,  town  and  other  special  purposes,  on  the  lots  forfeited  to 
the  state,  including  the  printer's  fee  thereon.     Town  and  city  lots  xime  of  sale. 
shall  be  sold  annually,  in  the  month  of  May  next  after  the  taxes 
become  due,  or  as  soon  thereafter  as  practicable.'  * 

§  16.  If  the  taxes  on  any  tract  or  parcel  of  land,  other  than  List  of  lands, 
town  or  city  lots,  shall  remain  unpaid  on  the  first  day  of  May  next 
after  such  taxes  become  due,  said  collector  shall  make  out  and  tile 
with  the  clerk  of  the  county  court  a  true  and  correct  list  of  the 
said  lands,  setting  forth  the  name  of  the  owner,  or  person  in  whose 
name  the  said  property  is  taxed,  a  description  of  the  property,  the 
value  of  each  tract  or  parcel,  and  the  amount  of  taxes  charged 
thereon,  together  with  the  aggregate  value  and  amount  of  tax  due 
on  such  list ;  and  he  shall  attach  to  and  file  with  said  list  an  affida-  Affidavit, 
vit,  which  shall  be  in  the  following  form,  to-wit: 

"I,  A.  B.,  collector  in  and  for  the  county  of ,  do  solemnly  swear  that  Form  of  affldayifc 

the  list  to  which  this  affidavit  is  attached,  is  true  and  correct,  and  that  the 
taxes  thereon,  as  set  forth  in  said  list,  are  unpaid,  and  that  I  have  used  due 
diligence  to  collect  said  taxes,  and  that  the  aggregate  amount  therein  stated, 
remains  due  and  unpaid,  as  I  verily  believe." 

Said  list  shall  be  examined  by  the  county  clerk,  and  all  errors 
therein  corrected ;  and  the  collector  shall  be  allowed  credit  in  his 
settlement  for  the  amount  of  county  tax,  including  road,  school,  and 
other  special  county  tax  due  thereon.  The  clerk  of  the  county 
court  shall  within  ten  days  after  filing  of  said  list,  make  out  a  true 
and  correct  copy  thereof  in  manner  and  form  as  may  be  required 
by  the  auditor  of  public  accounts,  and  shall  forward  the  same  to 
said  auditor,  to  be  filed  in  his  office.  * 

♦(1)  Sections  15,  16.  18,  19,  20,  21,  22,  23,  24.  and  25  of  this  act  are  repealed  See  act  for 
assessment  of  property  and  collection  of  revenue,  approved  February  14,  1855,  sec.  10,  ante 
page  178. 


188 


EEVENUE. 


[DIV.  6. 


Clerk's  duty. 


Collector  to  set 
Ue. 


Forfeiture. 


Auditor's  duty 
on  ueglect  of 
collector. 


Wnrrant  to  be 
executed. 


Fees  and  com- 
missions. 


Proviso, 


Indorse  &cts. 


§  17.  The  clerk  of  the  county  court  shall  make  out  and  deliver 
to  the  collector,  on  or  before  the  fifteenth  day  of  May  annually,  the 
statement,  certificates  and  lists  appertaining  to  the  settlement  of  the 
accounts  of  such  collector,  which  statement,  certificates  and  lists, 
shall  be  made  out  in  proper  form,  under  seal  of  said  court,  securely 
enveloped  and  sealed.  The  collector  shall  deliver  the  package  re- 
ceived from  the  clerk  as  aforesaid,  at  the  office  of  the  auditor,  and 
make  a  final  settlement  of  his  accounts,  and  pay  the  amount  due 
the  state  into  the  state  treasury,  on  or  before  the  first  day  of  June 
next  after  receiving  the  tax  books.  At  the  time  of  making  the 
settlement,  the  clerk  shall  deliver  to  the  collector  a  memorandum/ 
showing  the  net  amount  collected,  as  per  said  settlement ;  and  if 
any  clerk  shall  neglect  or  refuse  to  make  out  and  deliver  the  state- 
ments, certificates  and  lists  as  required  by  this  act,  on  demand  of 
the  collector,  he  shall  be  liable  for  all  damages  sustained  by  such 
collector,  or  his  securities,  by  reason  of  such  neglect  or  refusal.  i 
§  18.  If  any  collector  shall  refuse,  fail  or  neglect  to  make  set-  - 
tlement  and  pay  the  full  amount  due  from  him  to  the  state,  into  the 
state  treasury,,  as  is  or  may  hereafter  be  required  by  law,  it  shall 
be  the  duty  of  the  auditor  of  public  accounts,  and  he  is  hereby  au- 
thorized and  required  to  issue  a  warrant,  under  his  hand  and  seal 
of  office,  directed  to  the  sheriff"  of  the  proper  county,  (if  there  be 
no  sheriff",  then  to  the  coroner,  and  if  there  be  no  sheriff"  or  coro- 
ner, then  to  some  suitable  person  appointed  by  said  auditor  as  es- 
pecial agent  for  that  purpose,)  commanding  him  to  levy  and  collect 
.such  sums  as  shall  remain  due  from  such  collector,  and  pay  the 
same  into  the  state  treasury  as  required  by  law.  Said  auditor 
shall  attach  to  every  such  warrant  a  correct  statement  of  the  ac- 
count of  such  collector,  as  charged  on  the  books  in  his  said  office. 
The  warrant  aforesaid  shall  have  the  same  force  and  effect  as  ex- 
ecutions issued  by  the  circuit  courts.* 

§  19.  The  officer  or  agent  to  whom  such  warrant  shall  be  di- 
rected shall  immediately  cause  the  same  to  be  executed,  and  the 
money  collected  out  of  the  goods  and  chattels,  lands  and  tenements 
of  such  collector,  and  make  return  of  such  warrant  to  the  said  au- 
ditor, and  pay  the  amount  collected,  after  deducting  his  commis- 
sions and  fees  into  the  state  treasury  within  forty  days  from  the 
issuing  of  such  warrant:  provided,  that  if  any  warrant  issued  by 
the  auditor  shall  be  lost  or  destroyed,  the  auditor  shall  issue  a  du- 
plicate wai'rant,  bearing  date  at  the  time  of  issuing  the  .^ame. 
The  officer  or  agent  collecting  money  on  any  warrant  isj^ued  as 
afore^^aid,  shall  be  allowed  the  same  commissions  and  mileage  that 
would  have  been  allowed  to  the  collector  had  he  paid  over  the 
funds  as  required  by  law,  and  such  fees  as  is  allowed  by  law  to 
sheriff's  for  serving  executions,  advertising  property,  &c.,  which 
fees  shall  be  charged  and  collected  in  like  manner  as  fees  on  ex- 
ecutions are  charged  and  collected.* 

§  20.  The  coroner  or  agent  to  whom  any  wan-ant  shall  be 
issued  in  pursuance  of  this  act,  shall  indorse  thereon  the  facts  in 
the  case,  and  if  it  shall  appear  that  the  \^hole  or  any  part  of  the 

*  Repealeil 


DIV.    5.]  COLLECTION.  139 

sum  due  remains  unpaid,  and  that  the  collector  has  no  goods  and 
j  chattels,  lands  or  tenements  in  his  county,  out  of  which  to  make 
Ithe  amount  remaining  due,  or  any  part  thereof,  the  auditor  shall 
'  cause  suit  to  be  commenced  on  the  bond  of  such  collector,  at  the  Bond  to  be  sued, 
first  term  of  the  supreme  court  held  at  the  seat  of  government,  or 
of  the  Sangamon  county  circuit  court,  thereafter.* 

§  21.     In  all  cases  where  special  agents  are  appointed,  as  pro- Agent  to  give 
vided  for  in  the  foregoing  sections,  the  auditor  shall  require  such  ^'^'^'^• 
I  agents  to  file  with  the   clerk  of  the  county  court-  of  the  proper 
I  county  a  bond,  with  one  or  more  securities,  to  be  approved  by  the 
county  judge,  in  a  penal  sum  of  at  least  double  the  amount  to  be 
j  collected  and  made  payable  to  the  people  of  the  state  of  lUinois, 
land  conditioned  for  the  faithful  performance  of  the  duties  required 
of  him  by  this  act.     And  if  any  sheriff  or  coroner  shall  neglect  or 
refuse  to  comply  with  the  requirements  of  this  act,  he  shall  be  liable, 
on  his  official  bond,  for  all  damages   caused  by  such  refusal  or  Penalty, 
neglect,  and  if   any  sheriff  or  coroner  shall  knowingly  make  a 
j  false  return  on  any  warrant  issued  by  the  auditor  as  aforesaid,  he 
i  shall  be  deemed  guilty  of  perjury,  and  shall  be  punished  accord- 
i  ingly.     Agents  appointed  to  execute  any  warrant  issued  by  the 
I  auditor,  as  provided  for  by  this  act,  who  may  file  bond  and  accept 
I  8uch  appointment  shall  be  entitled  to  like  compensation,  and  shall 
{  be  liable  to  like  penalties  as  the  sheriff  or  coroner.     And  if  any 
j  sheriff^  coroner  or  agent  shall  collect  moneys  due  the  state,  and 
I  fail  or  neglect  to  pay  the  same  into  the  state  treasury  as  required  ^°*  ***  "^*  fnn^. 
I  by  law,  he  shall   pay  for  the  use  of  the  state,  ten  per  cent,  per 
1  month  damages,  from   the   time   he    should  have  paid  over  said 
'  money  until  paid :  provided,  that  in  case  of  sickness,  or  other  rea- 
sonable excuse,  to  be  verified  by  the  oath  of  the  person  so  faihng  Penalty. 
to  pay,  and  the  payment  being  made  within  a  reasonable  time,  the 
auditor  may  remit  such  damages.     But  if  such  coroner  or  agent 
shall  apply  or  use  any  funds  collected  by  him  and  belonging  to  the 
state,  for  his  own  benefit,  or  the  benefit  of  any  other  person,  or  in 
any  other  way  or  manner  than  is  provided  for  by  law,  such  coro- 
ner or  agent  shall  be  deemed  guilty  of  embezzlement,  and  on  con- 
viction thereof  shall  be  punished  accordingly.* 

§  22.  The  auditor  of  public  accounts  shall  file  the  list  of  de- Duty  of  auditor 
linquent  lands  upon  which  the  taxes  remain  due  and  unpaid,  and  ^q'^u^t'nsfr 
shall  add  to  the  amount  of  tax  charged  on  each  tract  ten  cents,  to 
be  collected  and  paid  into  the  state  treasury.  Any  person  desir- 
ing to  pay  the  taxes  due  on  said  lands  may  pay  the  same  into  the 
state  treasury  at  any  time  before  the  first  day  of  August  next  after 
the  said  taxes  become  due.  If  the  taxes  on  any  such  lands  shall 
remain  due  and  unpaid  after  the  first  day  of  August  aforesaid,  the 
auditor  shall  add  fifty  per  cent,  on  the  amount  of  taxes  due  on  each 
tract  to  said  taxes,  and  the  aggregate  thereof  shall  be  charged  and 
collected.  Any  person  may  redeem  said  lands  by  paying  the 
amount  charged  as  aforesaid  into  the  state  treasuiy,  at  any  time 
before  the  first  day  of  November  thereafter.* 

§  23.     On  the  first  day  of  November,  annually,  or  as  soon  there-  ^t'^j^"''^  dSk^ 
*  Repealed. 


190 


REVENUE. 


[div.  5 


Duty  of  county 
treasurer. 


Tax  received 
noted. 


list  to  be  com- 
pared. 


after  as  practicable,  the  auditor  of  public  accounts  shall  make  out 
and  transmit  by  mail  to  the  clerk  of  the  county  court,  to  be  filed 
in  the  office  of  said  clerk,  a  correct  list  of  all  lands  which  had  been 
returned  as  delinquent  and  upon  which  the  taxes  remained  unpaid 
on  the  first  day  of  November.* 

§  24.  The  collector  shall  add  fifty  per  cent,  on  the  taxes  re- 
maining due  at  the  time  of  filing  the  list  with  the  clerk  and — for 
which  he  may  be  allowed  to  credit — to  the  tax  charged  on  each 
tract  of  land,  and  the  aggregate  thereof  shall  be  collected  and  paid 
over  to  the  state  and  county,  according  to  the  rate  of  taxation  for 
that  year.  Any  person  desiring  to  redeem  or  pay  the  taxes  on 
such  lands  in  the  county  after  the  first  day  of  May,  may  do  so  by 
paying  the  amount  charged  as  above  set  forth  to  the  collector,  at 
any  time  before  the  first  day  of  November  thereafter.  When  said 
collector  shall  receive  the  tax  on  any  tract  of  land  or  town  lot, 
subsequent  to  the  first  day  of  May  aforesaid,  he  shall  set  forth  the 
amount  so  received  opposite  the  tract  or  lot  so  redeemed,  in  a  col- 
umn provided  for  that  purpose,  and  shall  note  the  day  of  such  pay- 
ment opposite  such  tract  or  lot  on  the  list  of  delinquent  lands  and 
lots  aforesaid,  and  shall  file  said  lists  with  the  clerk  on  or  before 
the  first  day  of  November  aforesaid.  * 

§  25.  The  clerk  shall  carefully  compare  the  delinquent  list 
returned  by  the  auditor  with  the  list  returned  by  the  collector,  and 
if  there  be  any  lands  or  lots  upon  which  the  taxes  have  not  been 
paid  he  shall  add  the  amount  due  thereon  to  the  tax  due  on  such 
lands  and  lots  for  the  next  succeeding  year,  and  shall  make  out  a 
true  and  correct  list  of  such  lands  and  lots,  which  shall  be  deliv- 
ered to  the  collector  with  the  tax  books  of  the  current  year,  or  as 
soon  thei'eafter  as  practicable ;  and  the  said  collector  shall  collect 
the  taxes  thereon  by  sale  of  otherwise.^ 

"26.     When  any  person  owning   lands   or   town   lots  in  any 
and  town  lots  to  county  in  this  state,  shall  fail  to  pay  the  taxes  assessed  thereon,  as 
sai^'^hTa^newi^'^  provided  for  in  the  foregoing  sections,  it  shall  be  the  duty  of  the 
paper.               collector  to  publish  an  advertisement  in  some  newspaper  published 
in  his  county,  if  any  such  there  be,  and  if  there  be  no  such  paper 
printed  in  his  county,  then  in  the  nearest  newspaper  in  this  slate, 
which  advertisement  shall  be  once   published  at  least  four  weeks 
previous  to  the  term  of  the  county  court  at  which  judgment  is 
prayed ;  and  said  advertisement  shall   contain  a  list  of  the  delin- 
quent lands  upon  which  the  taxes  remain  due  and  unpaid,  the 
names  of  owners,  if  known,  the  amount  due  thereon,  and  the  years 
for  which  the  same  are  due  ;  and  shall  give  notice  that  he  will  ap- 
ply to  the  county  court,  at  the term  thereof,  for  judgment 

against  said  lands  for  said  taxes,  interest  and  cost,  and  for  an  order 
to  sell  said  lands  for  the  satisfaction  thereof ;  and  shall  ali^o  give 
notice,  that  on  the  first  Monday  next  succeeding  the  day  fixed  by 
law  for  the  commencement  of  the  said  county  court,  all  the  lands 
for  sale  of  which  an  order  shall  be  made,  will  be  exposed  to  pub- 
Notice  of  time  of  lie  sale  at  the  place  of  holding  court  in  said  county,  for  the  amount 
^*'  of  taxes,  interest  and  cost  due  thereon ;  and  the  advertisement 

*  Repealed. 


Collect  bv  sale. 


Delinquent  lands 


What  advertise- 
ment shall  con- 
tain. 

Notice  of  applica- 
tion for  judg- 
ment. 


DIV.  5.]  COLLECTION.  191 

published  according  to  the  provisions  of  this  section  shall  be  deemed 

and  taken  to  be  sutficient  and  legal  notice  both  of  the  intended  ap- Shaii  be  deemed 

plication  of  the  collector  to  the  county  court  for  judgment,  and  al.-o  of  ^"^^  "''"^*'- 

the  sale  of  lands  under  the  order  of  said  court :  provided,  that  if 

the  publisher  of  such  paper  shall  be  unable  or  unwilhng  to  publish  proTigo-  other 

said  list  and  notice  accurately  and  proper,  the  collector  shall  select  pHpers  may  be 

some  other  newspaper,  having  due  regard  to  the  circulation  of  such  '"'■''^'''^'^• 

paper. 

§  27.     Hereafter  no  purchaser  of  any  land  or  town  lot,  at  any  f'onstitutionai 
sale  of  lands  or  town  lots  for  taxes  due,  either  to  the  state  or  any        *°*^' 
county  or  incoi'porated  town  or  city  within  the  same,  or  at  any  sale  Deed  not  given 
for  taxes  or   levies  authorized  by  the   laws  of  this  state,  shall  be  compS'^with''' 
entitled  to  a  deed  for  the  lands  or  town  lots  so  purchased,  until  he 
or  she  shall   have   complied  with  the    following  conditions,  to  wit :  furehaaer  to 
such  purchaser  shall  serve  or  cause  to  be  served  a  written  notice '''''^'''*°'"^*" 
of  such  purchase  on  every  person   in    possession  of  such  land  or 
towa  lot,  at  least  three  months  before  the  expiration  of  the  time  of 
redemption  on  such  sale ;  in  which  notice  he  shall  state  when  he  ^J^jJ'  ^^^  °o"«« 
purchased  the  land  or  town  lot,  the   description  of  the  land  or  lot 
he  has  purchased,  and  when   the   time  of  redemption  will  expire. 
In  like  manner  he  shall  serve  on   the  person  or  persons  in  whose  shaii  likewise 
name  or  names  such  land  or  lot  is  taxed,  a  similiar  written  notice, ^r'^*^  writtcu no- 
if  such  person  or  persons   shall   reside   in  the   county  where  such 
land  or  lot  shall  be  situated;   and  in    the  event  that  the  person  or  Notice  when  pub- 
persons  in  whose  name  or  names  the  land  or  lot  is  taxed  do  not  re-'''''^<^'ii°'iew8- 
side  in  the  county,  such  purchaser  shall  publish  such  notice  in  some 
newspaper  printed  in  such   county,  and  if  no  newspaper  is  printed 
in  the  county,  then  in   the  nearest  newspaper  that  is  published  in 
this  state  to  the  county  in  which  such  lot  or  land  is  situated  ;  which  Notice  inwrted 
notice  shall  b^  inserted  three   times,  the   last  time  not  less  than  *  ""^ '""*^*' 
three  months  before  the  time  of  redemption  shall  expire.'     Every  puj.pha.<!er  or 
siich  purchaser,  by  himself  or  agent,   shall,  before  he   shall  be  en-"K™t  t«'"a'te 
titled  to  a  deed,  make  an  affidavit  of  his  having  complied  with  the  tmu  ueea. 
conditions  of  this  section,  stating  particularly  the  facts  relied  on  as 
such  compliance  f  which  affidavit  shall  be  delivered  to  the  person  Affidavit  to  be 

*  Form  of  Notice  to  be  given  by  Purchaser  at  Tax  Sale,  to  entitle  him  to  a 

deed. 
To  John  Jones,  or  whom  it  may  concern : 

You  are  hereby  notified  that  at  a  sale  of  lands  for  state  and  county  taxes, 
{state  for  what  taxes)  made  in  pursuance  of  law  in  the  county  of  Lake,  and 
state  of  Illinois,  on  the  —  day  of ,  A.  D.  1  — ,  I  purchased  the  follow- 
ing described  lands,  {or  town  lots  as  the  case  nwji  be;  here  describe  the  lands) 
and  that  the   time   of  the  redemption  thereof,  from  said  sale   will  expire  on 

the—  day  of ,  A.  D.  18—. 

F.  Kelly. 

Dated  at  Waukegan,  Illinois,  this ,  day  of,  &c. 

^  Form  of  Affidavit  to  be  made  by  Purchaser  at  Tax  Sale  befwe  entitled  to  deed. 
State  of  Illinois,  ) 
Jjoke  county,  f ' 

F.  Kelly,  being  duly  sworn,  doth  depose  and  say :  that  at  a  sale  of  lands 


filed. 


192  REVENUE.  [DIY.    5. 

anthorized  by  law  to  execute  such  tax  deed,  and  which  shall  by 
him  be  filed  with  the  officer  having  custody  of  the  record  of  the 
lands   and  lots  sold  for  taxes  and  entries  of  redemption  in  the 
county  where  such  lands   and  lots  shall  lie,  to  be  by  such  officer 
entered  on  the  records  of  his  office,  and  carefully  preserved  among 
Affldayit  prima    {^{^g  fligg  of  i^ig  office,  and  which  record  or  affidavit  shall  be  prima 
notice^^  ^^'^^  °    fade  evidence  that   such  notice  has  been  given.'     Any  person 
Punishment  for   swcaring  falsely  in  such  affidavit  shall  be  deemed  guilty  of  perjury, 
perjury.  ^nd  punished  accordingly.     In  case  any  person  shall  be  compelled 

anJTexffenses  how  Under  this  section  to  publish  a  notice  in  a  newspaper,  then,  before 
recovered.  any  person  who  may  have  a  right  to  redeem  such  lands  or  lots  from 

such  tax  sale,  shall  be  permitted  to  redeem,  he  or  she  shall  pay  the 
officer  or  person  who  by  law  is  authorized  to  receive  such  redemp- 
tion money,  the  printer's  fee  for  publishing  such  notice  and  the  ex- 
feerfor  pubUca-^  pcnses  of  making  and  filing  the  affidavit :  provided,  that  the  fee 
tion.  for  such  publication,  where  the  notice  does  not  include  more  than 

four  tracts  or  lots,  shall  not  exceed  one  dollar ;  and  when  the 
notice  contains  more  than  four  tracts  or  lots,  then  the  printer  shall 
be  allowed  twenty  cents  for  each  additional  tract,  and  five  cents  for 
each  additional  town  lot  contained  in  such  notice.'^ 
In  case  of  death      §  28.     In  case  of  the  death  of  any  collector  during  the  time  the 
to  take  boo'ks.^*^"^^  ^^^ ''^^^oks  ^1'^  i^^  his  hand.s,  and  before  the  time   specified  in   this 
act  for  making  settlements,  the   clerk  of  the   county  court  shall 
demand  and  take  charge  of  the  tax  books,  and  shall  appoint  one 
or  more  competent  persons  to  examine  said  tax  books,  and  it  shall 
be  the  duty  of  the  persons  so  appointed  to  ascertain  the  amount 
remaining  uncollected,  and  make  out  a  correct  abstract  of  the  same  : 
Proviso.  provided,  that  should  there  be  but  a  small  portion  of  the  taxes 

{or  town  lots  as  the  case  may  be)  made  in  the  county  aforesaid,  at  the  place  of 

holding  court  therein,  on  the  —  day  of ,  A.  D.  18 — ,  for  state  and  county 

taxes,  {or,  as  the  case  may  be,)  he  purchased  the  following  described  tract  of 

land:  {here  describe  the  land)  that  he  did,  on  the  —  day  of ,  A.  D.  18 — , 

cause  a  written  notice  of  such  purchase  to  be  served  upon  A.  B.,  then  in 
possession  of  such  land,  and  that  the  following  is  a  copy  of  such  notice  : 
{here  insert  copy  of  notice)  that  John  Jones,  in  whose  name  said  land  was 
assessed,  does  not  reside  in  said  county  of  Lake,  nor  did  not  at  the  time  of 
serving  such  notice ;  that  this  deponent  thereupon  caused  such  notice  to  be 
published  in  the  ^'Chronicle  and  Advocate,"  a  newspaper  printed  in  the  said 
county  of  Lake,  which  said  notice  was  published  three  times  in  said  paper ; 

the  first  insertion  being  on  the  —  day  of ,  A.  D.  18 — ,  and  the  last  on 

the —  day  of ,  A.  D.  IS — ;  that  he  relies  upon  the  foregoing  facts;  as 

compliance  with  the  law  entitling  him  to  a  deed  of  said  parcel  of  land. 

F.    KliiLLY. 

Subscribed  and  sworn  to  before  me,  ) 

this  —  day  of ,18 — .  [  ' 

H.  P.  Nelson,  Justice  of  the  Peace. 

(1)  The  sheriff  is  the  proper  officer  to  execute  tax  deeds.  See  act  upon  tliis  subject,  post 
p.'.OOO. 

(2)  The  following  cases  are  referred  to  on  the  subject  of  tax  titles ;  Canet  v.  Wis:gins,  1 
Scaji.,  355.  Choteauy,  Jones,  \\  Ills. \3O0.  Frye  v.  Bank  of  Illinois,  Id.,  367.  Irving  y. 
Broumell,  M.,'^2.  Curry  y.  Hinman,  Id.,  A2j0.  Scaritt  v.  Chapman,  Id.,  US.  Spelhnan 
y.  Ciirteniue,  11  Ills.,  409.  Chestnut  v.  Marsh,  Id.,  173.  Voris  v.  Thomas,  Id.,  442.  Pitkin 
T.  Yaw,  13  Ills.,  251.    Blakely  v.  Bestor,  Id.,  257.    JSIerritt  v.  Thompson,  Id-^  716. 


DIV.  5.]  COLLECTIONS.  193 

collected  at  the  time  of  the  death  of  the  collector,  then  the  amount 
actually  collected  shall  be  ascertained,  and  the  same  books  used  in 
completing  the  collections. 

§  29.     In  case  of  a  vacancy,  as  mentioned  in  the  foregoing  sec- vacancy  by  death 
tion,  the  board  of  supervisors  may  appoint  a  suitable  person  to  ^ej"*"^'*"^'  ^""^ 
complete  the  collections,  who  shall  execute  a  bond,  collect  and  pay 
over  the  taxes  in  the  same  manner,  and  his  acts  shall  be  as  bind- 
ing and  effectual  as  the   collector's  would  have  been  had  he  com- 
pleted the  collections ;  and  the  collector  so  appointed  may  obtain 
judgment  at  any  regular  term  of  the  county  court,  and  sell  delin- 
quent lands  and  lots  in  like  manner  as  the  collector  would  liave 
been  authorized  to  do  had  he  completed  such  collections  :  provided,  Proyiso. 
that  if  the  collector  had  advertised  the  delinquent  land  list  before 
his  death,  it  shall  not  be  necessary  for  his  successor,  or  the  person 
appointed  to  complete  the   collections,  to  advertise,  but  he  shall 
proceed  to  finish  the  collections  in  the  same  manner  as  the  collector 
would  have  been  authorized  to  do  had  he  lived. 

§  30.     All  suits  or  applications  for  judgment,  and  order  of  sale  Judgment  and 
for  taxes  on  delinquent  lands  and  town  lots  shall  be  made  at  reg-  ^^l  g"haiTbc'at 
ular  terms  of  the  county  court,  and  the   sale  shall  be  made  at  the  regular  ttmis  of 
time  specified  in  the  notice,  wliether  the  court  remain  in  session  or  '^ 
not.     If  for  any  cause  the  court  shall  not  be  holden  at  the  term  at 
which  judgment  is  prayed,  the  cause  shall  stand  continued,  and  it  in  case  of  con- 
shall  not  be  necessary  to  re-advertise  the  list  or  notice  required  by  t'°"ancc,  judg- 

iir«'i  111  1  meat  at  next 

law  to  be  advertised  before  judgment  and  sale  ;  but  at  tlie  next  term, 
regular  term  thereafter  the   court  shall  hear  and  detennine  the 
matter,  and  if  judgment  is  rendered,  the  sale  shall  be  made  at  the 
same  time  and  in  like  manner  as  it  would  have  been  made  if  the 
suit  had  been  comm-enced  at  that  term. 

§  31.     The  printer  nublishinsc  the  list  of  delinquent  lands  and  Printer  to  send 

,  ,     ,-^  ^    ,  .r  1  r  J      ^1       eopies  of  paper  to 

town  lots,  shall  transmit  by  mail,  or  other  sate   conveyance,  to  tlie  collector. 

collector  four  copies  of  the  paper  containing  said  hst.     Upon  the 

receipt  of  said  paper,   and  on  demand  being  made,   the  collector  collector  to  pay 

shall  pay  to  the  printer  the  amount  of  tlie  fees  allowed  by  law  for  p"°'*='' 

pubUshing  said  lists  and  notice;  and  it  slmll  be  his  duty  to  file  one  Papers  to  be  filed- 

copy  of  said  paper  in  his  office,  and  deliver  one  copy  to  the  clerk 

of  the  county  court,  and  one  to  the  auditor  of  pubUc  accounts,  and 

one  copy  to  the  state  treasurer,  who  shall  file  and  safely  preserve 

them  in  their  respective  offices :  provided,  that  if  said  publication  Proviso:  pay- 

,  .  ,      1  •  i       i'  xi      1  ...i,     ment  of  fees  de- 

ls not  made  in  accordance  with  the  requirements  ot  tlie  law,  or  the  layed. 

papers  above  mentioned  are  not  furnished  the  collector  before  the 

first  day  of  the  term  of  the  court  at  which  judgment  is  prayed, 

the  collector  shall  not  pay  said  fees  until  they  are  collected  by 

liim. 

§  32.     If  any  collector  shall  refuse  or  neglect  to  pay  the  amount  Printer  may  sua 
due  the  printer,  as  required  by  this  act,  it  shall  be  competent  for  ^"''  '^■*'*- 
the  printer  to  collect  the  same  in  an  action  of  debt  against  such 
collector. 

§  33.     The  collector  shall  file  the  list  of  delinquent  lands  and  Collector  file  list 
town  lots,  which  shall  be  made  out  in  numerical  order,  and  contain  °^  <i«ii'»i"«"* 
13 


194 


REVENUE. 


[DIV.   5. 


lands  for  judg- 
ment. 


List  to  Tje  re- 
corded. 


Form  of  record 
of  delinc|.uent 
list. 


all  the  information  necessary  to  be  recorded,  with  the  clerk  of  the 
county  court,  at  least  five  days  before  the  commencement  of  the 
term  at  which  appUcation  for  judgment  is  to  [bej  made,  and  said 
clerk  shall  receive  and  record  the  same  in  a  book  to  be  kept  for 
that  purpose ;  which  said  book  shall  be  ruled  and  headed  as  near 
as  may  be  in  the  following  form  : 

A  list  of  lands  and  town  lots  reported  by ,  collector  of  the  revenue 

for  the  year  18 — ,  upon  which  he  has  been  unable  to  collect  the  taxes  due  there' 

071,  and  now,  on  this  —  day  of ,  18 — ,  files  this  his  petition,  for  a  judg- 

ment  and  order  of  sale' against  said  lands  and  lots  at  the te7-m,  18 — , 

of  the  county  court. 


eterk  to  make 
record  of  lands 
against  which 
judgment  is  ren- 
dered. 

What  record 
shall  set  forth. 


Tte«ord  attested, 
to  constitute 
process. 

<Jlerk  to  enter 
lota  sold. 


To  enter  re- 
demption. 


Book  how  ruled. 


Owner's  Name. 

c 

.2 

o 
a 

m 
o 

u 

p-t 

d 
.2 
o 

o 

a 

m 

.2 
1 

Eh 

t»5 
1 

o 

0) 

3 

"3 

3 

o 

s 

o 

The  clerk  of  the  county  court  shall,  before  the  day  of  sale,  make 
a  correct  record  of  the  lands  and  town  lots  against  which  judgment 
is  rendered  in  any  suit  for  taxes  due  thereon,  and  which  shall  set 
forth  the  name  of  the  owner  if  known,  the  description  of  the  prop- 
erty, and  the  amount  due  on  each  tract  or  lot,  in  the  same  order  as 
said  property  may  be  set  forth  in  the  judgment  book,  and  shall 
attach  thereto  a  correct  copy  of  the  order  of  the  court,  and  his  cer- 
tificate of  the  truth  of  such  record  ;  which  record,  so  attested,  shall 
hereafter  constitute  the  process  on  which  all  real  property  shall  be 
sold  for  taxes,  as  well  as  the  sales  of  such  property.  When  any 
tract  of  land  or  town  lot  shall  be  sold,  it  shall  be  the  duty  of  the 
clerk  to  enter  on  the  record  aforesaid  the  quantity  sold,  and  the 
name  of  the  purchaser,  opposite  such  tract  or  lot,  in  the  blank 
columns  provided  for  that  purpose,  and  when  any  such  property 
shall  be  redeemed  from  sale,  the  clerk  shall  enter  the  name  of  the 
person  redeeming,  the  date  and  amount  of  redemption,  in  the  proper 
columns.  Said  book  shall  be  so  ruled  that  there  shall  be  suitable 
blank  columns  for  entering  the  quantity  or  portion  of  each  tract  or 
lot  that  may  be  sold,  the  name  of  the  purchaser,  and  such  other 
columns  as  may  be  deemed  necessary. 

S  34.    On  the  first  day  of  the  term  at  which  judgment  on  delia- 


DIV.  5.]  COLLECTIONS.  19/ 


quent  lands  and  town  lots  is  prayed,  it  shall  be  the  duty  of  the  col-  Collector  tn  re- 
lector  to  report  to  the  clerk  a  list  of  all  the  lands  or  town  lots,  as  1^'' '" '^'"'"'"'^ 
the  case  may  be,  upon  which  taxes  have  been  paid,  if  any,  from  n^'ite  of  tixM. 
the  tiling  of  the  list  mentioned  in  the  foregoing  section  up  to  that 
time ;  and  the  clerk  shall  note  the  fact  opposite  each  tract  upon 
which  taxes  have  been  paid.     The  collector,  assisted  by  the  clerk, 
shall  compare  and  correct  said  list,  and  shall  make  and  subscribe  Affidavit  of  coi- 
dn  affidavit,  which  shall  be,  as  near  as  may  be,  in  the  following  form :  '"'**"^' 

collector  of  the  county  of  ,   do  solemnly  swear  (or  Form  of  affidavit 


affirm,  as  the  case  may  be,)  that  the  foregoing  is  a  true  and  correct  record  "^  collector. 

of  the  delinquent  lands  and  town  lots  witliin  the  county  of ,  upon 

which  I  have  been  unable  to  collect  the  taxes  as  required  by  law  for  the 
year  or  years  therein  set  forth;  that  said  taxes  now  remain  due  and  unpaid, 
as  I  verily  believe." 

Said  affidavit  shall  be  entered  on  the  record  at  the  bottom  of  the  Affidavit  enterea 
list,  and  signed  by  the  collector ;  the  oath  may  be  administered  by  °"  '"*'■ 
the  judge,  clerk,  or  any  justice  of  the  peace,  who  shall  attest  the 
same.' 

§  35.  The  court  shall  examine  said  list,  and  if  defence  or  ob- ';ourt  to  examine 
jection  be  offered  by  any  person  interested  in  any  of  said  lands  or  tloa  ^u  sumuiaj^ 
lots  to  the  entry  of  iudcrment  against  the  same,  the   court  shall  ^'^y '  *"'^  ei^e 

,  1     1  "^  .  ,  ?  .1  judgment. 

hear  and  determine  the  matter  in  a  summary  manner,  without 
pleadings,  and  shall  pronounce  judgment  as  the  right  of  the  cjise 
may  be,  and  shall  direct  the  clerk  to  make  out  and  enter  an  order 
for  the  sale  of  such  real  property,  which  shall  be  substantially  in 
the  following  form : 

'^  JVJiereas,  due  notice  has  been  given  of  the  intended  application  for  a  jorm  oforderof 
judgment  against  said  lands,  and  no  owner  hath  appeared  to  make  defence  sale  for  taxes. 
or  show  cause  why  judgment  should  not  be  entered  against  the  said  lands  for 
the  taxes,  interest  and  cost  due  and  unpaid  thereon  for  the  year  or  years 
herein  set  forth,  therefore  it  is  considered  by  the  court  that  judgment  be  and 
is  hereby  entered  against  the  aforesaid  tract  or  tracts  of  land,  or  parts  of 
tracts,  (as  the  case  may  be,)  in  favor  of  the  state  of  Illinois,  for  the  sum  an- 
nexed to  each  tract  or  parcel  of  land,  being  the  amount  of  taxes,  interest 
and  costs  due  severally  thereon ;  and  it  is  ordered  by  the  court  that  the  said 
several  tracts  of  land,  or  so  much  thereof  as  shall  be  sufficient  of  each  of 
them  to  satisfy  the  amount  of  taxes,  interest  and  costs  annexed  to  them  sev- 
erally, be  sold  as  the  law  directs.  "^ 

§  36.     Said  order  shall  be  signed  by  the  judge,  and  shall  have  judg«  to  sien 
the  same  effect  as  judgments  and  orders  made  by  the  circuit  court.  °'^'^®'" ''^*^" 
Persons  aggrieved  by  any  decision  of  the  county  court  in  such 
cases,  shall  have  the  right  of  appeal  to  the  circuit  court,  by  giving 
bond  and  security,  payable  to  the  people  of  the  State  of  Illinois, 
as  required  in  cases  of  appeals. 

§  37.     The   clerk  of  said  court  shall,  within  five  days  after  any  cierk  tomake 
sale  for  taxes,  make  out  and  deUver  to  the  collector  a  transcript  "",'|p^t*o7traM- 
of  sales  for  taxes,  which  shall  be  written  on  foolscap  paper,  made  cnpt  ofsai*. 
up  and  stitched  in  book  form,  suitable  for  binding.     Said  collector 

(1)  Taylor  y.  The  People,  2  Gllm.,iii9.  * 

(2)  Kiss  V.  Cook^  4  Gilm.^  333.     OkoU  v.  Tht  State.  5  Gibn.,  481. 


196  REVENUE.  [DIV.  5. 

shall  deliver  said  transcript  to  the  auditor  at  the  time  he  is  required 
to  make  settlement  for  the  state  tax. 
Lands  forfeited        §  38.     Every  tract  of  land  or  town  lot  offered  at  public  sale 
of  bfddeM!  ^^''*'  for  the  taxes  due  thereon,  and  not  sold  for  want  of  bidders,  shall 
be  and  the  same  is  hereby  declared  to  be  forfeited  to  the  state  of 
Illinois. 
Clerk  to  certify        §  39.     K  any  lands  or  town  lots  shall  be  forfeited  to  the  state 
knds  forfeited  to  foj.  taxes,  it  shall  be  the  duty  of  the  clerk  of  the  county  court  to 
certify  to  the  auditor  of  public  accounts  the  assessed  value  thereof, 
Auditor  to  credit  and  the  amount  of  tax  charged  thereon ;    and  the  auditor  shall 
•oUector.  credit  the  collector  with  the  amount  of  state  tax  due  on  said  prop- 

erty, and  the  board  of  supervisors  shall  allow  him  credit  for  tlie 
printer's  fees  and  county  tax  thereon. 
Forfeited  lands        §  40.     If  any  pcrson  shall  desire  to  redeem  any  tract  of  land 
how  redeemed,    qj.  town  lot  forfeited  to  the  state,  he  shall  apply  to  the  clerk  of  the 
county  court,  who  shall  issue  his  order  to  the  collector,  directing 
him  to  receive  from  such  person  the  amount  due  on  said  tract  or 
lot,  particularly  describing  the  property  and  setting  forth  the  amount 
due,  including  the  printer's  fee ;  and  upon  presentation  of  said  order 
to  the  collector  he  shall  receive  said  amount,  and  give  the  person 
duplicate  receipts  therefor,  setting  forth  a  proper  description  of  the 
pz'operty  and  the  amount  received,  one  of  which  shall  be  counter- 
signed by  the  clerk,  and  when  so  countersigned  shall  be  evidence 
of  the  redemption  of  the  property  therein  described ;  but  no  such 
receipt  shall  be  valid  until  it  is  countersigned  by  the  clerk.     The 
other  receipt  shall  be  filed  by  the  clei-k  in  his  office,  and  said  clerk 
Sale  to  be  cancel-  shall  cancel  the  sale  of  the  property  so  redeemed  on  the  books  in 
his  office,  and  charge  the  amount  of  the  redemption  money  to  the 
collector. 
Clerk  to  report        §  41.     jt  s^all  be  the  duty  of  the  clerk  of  the  county  court, 

amount  due  state  nii  n  pi  />  ^       •    t 

on  forfeited  prop-  annually,  When  he  makes  return  oi  the  amount  ot  taxes  levied,  to 
^^^'  report  the  amount  due  the  state  on  such  forfeited  property,  to  the 

auditor  of  public  accounts,  who  shall  charge  the  same  to  the  col- 
ProTiso.  lector:  provided,  that  if  the  collector  who  received  said  redemption 

money  shall  be  succeeded  in  office,  he  shall  pay  the  amount  in  his 
hands  over  to  his  successor,  who  shall  pay  said  amount  into  the 
state  treasury  when  he  settles  for  the  taxes  of  the  current  year. 
Amount  due  first      §  42.     The  amount  due  on  lands  and  lots,  and  remaining  unpaid 
be  adTdto^'tax    «"  ^he  first  day  of  November,  shall  be  added  to  the  tax  of  the  cur- 
•f  current  year,  rent  year,  and  the  amount  thereof  shall  be  reported  against  the 
collector  with  the  amount  of  assessment  for  said  year ;  said  collector 
Collector  to  col-   shall  collect  and  pay  over  the  said  amount  in  like  manner  as  other 
amount  afothir  taxes,  and  he  is  hereby  authorized  to  advertise  and  sell  said  prop- 
taxes  and  to  ad-   erty  in  the  same  manner  as  if  said  property  had  never  been  for- 
feited to  the  state.     Said  additions  and  sales  shall  be  continued 
from  year  to  year  until  the  taxes  on  said  property  is  paid  by  sale 
ProTiso:  sale  of  or  Otherwise:  provided,  that  at  the  regular  sale  in  the  year  1855, 
forfeited  proper-  ^^^ j  every  five  years  thereafter,  all  the  property  previously  forfeit- 
ed and  remaining  unredeemed,  shall  be  sold  to  the  highest  bidder, 


DIV.  5.]  COLLECTION.  197 

but  not  for  a  greater  sum  than  is  due  thereon,  including  costs,  &c., 
and  the  former  sales  of  such  property  as  will  not  sell  shall  be  can- 
celed: provided,  that  if  any  person  shall  offer  to  pay  the  taxes.  Proviso, 
interests  and  costs  due  on  forfeited  property  for  a  less  (juantity  than 
the  whole  tract  or  lot,  then  such  property  shall  be  sold  to  the  per- 
son offering  to  pay  the  amount  due  thereon,  for  the  least  quantity 
or  part  thereof. 

§  43.     Real  property  sold  under  the  provisions  of  tliis  act  may  Roai  property 
be  redeemed  at  any  time  before  the  expiratiou  of  two  years  from  iH'^woVcwflT"**^ 
the  date  of  sale,  by  the  payment  in  specie,  to  the  clerk  of  the  county  Kcaumption  how 
court  of  the  proper  county,  of  double  the  amount  for  which  the'"'^"^" 
same  was  sold,  and  all  taxes  accruing  after  such  sale,  with  ten  per 
cent,  intei'est  thereon  from  the  day  of  sale,  uidess  such  subseciuent 
tax  has  been  paid  by  the  person  for  whose  benefit  the  redemption 
is  made;  which  fact  may  be  shown  by  the  collector's  receipt:  />ro- Proviso  as  to 
vided,  that  if  the  real  property  of  any  minor  heir,  feme  covert  oi'^'he^'^'^ 
lunatic,  be  sold  for  taxe.-,  the  same  may  be  redeemed  at  any  time 
within  one  year  after  such  disability  be  removeil,  upon  the  tei-nts 
specified  in  this  section,  which  redemption  may  be  made  by  their 
guardians  or  legal  representatives. 

§  44.  The  securities  on  any  bond  given  in  pursuance  of  this  Securities  on  offl- 
act,  or  either  of  them,  may  at  any  time  after  the  execution  of  said  may  bo  reieasca. 
bond,  if  they,  or  either  of  them,  have  good  reason  to  believe  that 
the  officer  in  said  bond  is  about  to  fail  to  comply  with  the  conditions 
thereof,  file  with  the  clerk  of  the  county  court  a  notice  in  writing, 
verified  by  the  person  asking  to  be  discharged,  setting  forth  the 
facts  in  the  case,  and  asking  to  be  released  from  any  further  liabil- 
ity on  said  bond;  whereupon  the  clerk  with  whom  such  notice  shall 
be  filed,  shall  notify  the  said  officer  to  give  additional  security,  equal  Additiouai  secu- 

■  ,  1  1111  1      /•  ''      .  nty  required. 

to  the  security  about  to  be  approved  l)y  the  board  ot  supervisors, 
which  notice  may  be  served  by  the  said  clerk,  or  Ijy  any  person 
ai)pointed  by  them,  or  either  of  them.  If  the  officer  so  notified  ^^™°^«^fro"» 
shall  not  appear  and  give  additional  security  within  two  days  from 
the  time  he  may  be  so  notified,  the  board  of  supervisors  may  re- 
move him  from  office,  and  in  all  such  cases  said  board  shall  appoint 
some  suit<able  person  to  fill  the  vacancy  occasioned  by  such  removal, 
who  shall  execute  bond,  qualify  and  pei-fbrin  the  duties  rcfpiirc^d  iis 
such  officer:  provided,  that  if  the  securities  on  any  collector's  bond,  Proviso, 
or  either  of  them,  shall  be  satisfied  that  such  collector  is  making 
improper  use  of  the  funds  collected  by  him,  or  has  absconded  or  is 
about  to  abscond,  from  this  state,  whereby  said  securities  may  be- 
come liable  to  pay  any  sum  or  sums  of  mone)^,  it  shall  be  lawful 
for  said  security  to  sue  out  a  writ  of  attachment  against  the  goods '"Ticn  •'""^inti* 

I         ,.  ,  .1-1  lilt  T_  "^"•y  proceed  by 

and  chattels  of  sucli  (  oUector,  in  like  manner  a  •  tie  woutcl  be  author-  ,^^^t  of  attach-- 
ized  to  do  if  said  collector  was  personn'Iv  i  d  to  such  security,  ["ri^cj'^""** 

and  the  money  collected  on  any  ^u  li  a  ui  h  ul  ^hall  be  paid  into 
the  treasury  l>y  the  officer  collecting  the  :  a:ne,  in  like  manner  as 
if  paid  over  by  the  collector. 

§  45.     If  anv  real  property  shall  be  double  assessed,  or  assessed  Erroneous  taxes 

•'  I       I.        J.  jjjj^y  jjg  refunded. 


198 


REVENUE. 


[div.  5. 


gal  to  refund. 


Proyiso. 


Over  payments 
by  collector  re- 
funded. 


before  it  become  taxable,  and  the  taxes  so  erroneously  assessed 
shall  have  been  paid,  the  board  of  supervisors  on  application  of 
the  person  paying  the  same  or  his  agent,  and  being  satisfied  of 
the  facts  in  the  case,  shall  cause  said  taxes  to  be  refunded  pro  rata 
by  the  state  and  county ;  and  if  any  collector  shall  receive  the 
taxes  properly  due  on  any  real  property  and  shall  afterwards  sell 
such  property  for  said  taxes,  he  shall  refund  to  the  purchaser 
thereof,  if  application  be  made  within  two  years  from  the  date  of 

Penalty  for  refu-  said  Sale,  doublc  the  amount  of  purchase  money.  Any  collector 
neglecting  or  refusing  to  pay  as  required  by  this  section,  shall  be 
liable  to  the  county  in  an  action  of  debt,  in  any  court  having  juris- 
diction of  the  amount  of  said  debt :  provided,  that  the  county  and 
the  state  shall  refund,  in  case  of  erroneous  sales  heretofore  made, 
as  provided  for  by  the  laws  in  force  at  the  time  of  such  sales. 

§  46.  If  any  collector  shall  have  paid,  or  may  hereafter  pay 
into  the  state  treasury,  any  greater  sum  or  sums  of  money  than  is 
or  may  be  legally  and  justly  due  from  such  collector,  after  deduct- 
ing abatements  and  commissions,  the  auditor  shall  issue  his  war- 
rant for  the  amount  so  oveipaid,  which  shall  be  paid  out  of  the 
fund  or  funds  so  overpaid,  on  the  warrant  of  the  auditor. 

fiounty  tax  levied      §  47.     The  boai'd  of  Supervisors  shall  have  power  to  levy  a  tax 

perTisOTs.°^^"  in  their  respective  counties  for  county  purposes,  but  shall  in  no  case 
exceed  the  amount  of  four  mills  on  each  dollars'  worth  of  taxable 
property,  unless  specially  authorized  by  law  -^  and  said  county  tax 
shall  be  levied  at  the  September  meeting  of  said  board,  or  as  soon 
thereafter  as  practicable,  and    collected  with  the  state  revenue. 

Ciunty  taxes  to  The  Same  lien  created  to  secure  the  state  tax,  and  the   provisions 
'^''°'  made  for  the  collection  thereof,  shall  also  exist  and  apply  to  the 

county  revenue. 

Suits  not  to  abate  §  48.  Suits  Commenced  by  the  auditor,  as  provided  for  in  tliis 
act,  shall  not  abate  for  the  want  of  service  on  one  or  more  of  the 
defendants,  but  judgment  may  be  rendered  against  such  of  said 
defendants  as  may  have  been  legally  notified :  provided,  that  suits 
may  be  prosecuted  against  the  defendants  not  included  in  said 
judgment  at  any  subsequent  term  of  said  court :  provided  further, 
that  the  provisions  of  this  section  shall  not  be  so  construed  as  to 
change  the  conditions  of  any  bond  executed  prior  to  the  passage 
of  this  act  on  suits  in  favor  of  the  state,  and  against  collectoi-s  or 

state  to  pay  fees,  other  persons  indebted  to  the  state.  The  state  shall  pay  like  fees 
as  are  or  may  be  allowed  by  law  in  suits  between  individuals,  and 
in  all  cases  when  the  state  is  plaintiff  she  shall  advance  and  pay 
such  fees,  in  like  manner  as  individuals  are  required  to  advance 
and  pay  fees.  And  when  the  state  becomes  the  purchaser  of  real 
property  sold  on  execution  for  any  debt  due  the  said  state,  the 
officer  selling  such  real  estate  shall  be  entitled  to  like  com- 
missions as  he  would  have  been  entitled  to  had  such  jnop- 
erty  been  purchased  by  individuals.  Said  fees  and  commissions  to 
be  paid  on  the  warrant  of  the  auditor  out  of  any  money  in  tlie 
treasury  not  otherwise  appropriated  ;  and  when  "such  fees  are  col- 

(1)  Amended,  increased  to  five  mills.    See  ante,  p.  62,  sec.  27. 


for  waut  of  ser 
vice  on  all  de- 
fendants. 

Proviso. 


Proviso  ;  condi- 
tioa  of  bonds  not 
ehanged. 


Commissions  to 
officers  allowed 
by  state. 
How  paid. 


DIV.  5.]  COLLECTION.  I99 


lected  they  shall  be  paid  into  the  state  treasury.     So  much  of  this  Suits  heretofore, 
section  as  relates  to  fees  shalj  apply  to  suits  heretofore  prosecuted, 
as  well  as  to  suits  that  naay  hereafter  be  commenced  and  prose- 
cuted. 

§  49.     The  assessment  shall  be  a  lien  on  the  personal  property  Assessment  a ii.n 
of  all  persons  owing  taxes  from  and  after  the  time  the  assessment  °"  p«'"«°i^'  prop- 
books  are  received   by  the  collector,  for  the  state   and  county  tax  "  ^ 
due  thereon,  and  no  sale  or  transfer  of  such  property  shall  effect 
the  claim  of  the  state  or  county,  but  the  said   property  may  be  subsequent  sale 
seized  by  the  collector  wherever  found,  and  removed,  if  necessary,  ^^^ '"  '-^^"^^  ''«°- 
and  sold  to  discharge  the  taxes  of  the  person  owning  the  same  at 
the  time  of  such  assessment,  together  with  the  costs  and  charges  of 
collection. 

§  50.     Whenever  the  taxes  on  the  same  property  shall  have  Taxes  paid  more 
been  paid  more  than  once,  for  the  same  year,  by  different  claim- kX "tomake" 
ants,  the  collector  shall  make  a  return  to  the  clerk  of  the  county  'u™  thereof, 
court  of  all  such  surplus  taxes  so  received  by  him,  together  with 
the  names  of  the  several  claimants  thus   paying;  and   the  clerk  ckru  to  return  to 
shall  make  a  record  of  all  such  cases,  and  transmit  a  copy  thereof  *"'^'°'^- 
to  the  auditor  of  public  accounts,  who  shall   charge  such  collector 
with  the  portion  of  such  surplus  taxes  belonging  to  the  state  ;  but 
such  surplus  tax  shall  in  no  case  be  refunded. 

§  51.     Whenever  any  person  shall  pay  the  taxes  charged  against  Payment  to  be 
him,  the  collector  shall  enter  such  payment  in  his  list,  and  give  the  ''^^'^^'^'^  <»»  ^^*" 
person  paying  the  same  a  receipt,  specifying  the  name  of  the  per- collector  to  gi^e 
son  for  whom  paid,  the  amount  paid,  what   year  paid   for,  and  the  i<^"i''- 
property  on  which  the  same  was  assessed,  acording  to  its  descrip- 
tion on  the  assessment- list. 

§  52.     The  collector  shall  attend  at  the  court  house  in  his  county  Collector  to  at- 
on  the  day  specified   in  the  notice  for  the  sale  of  real  estate  for  i^ulL^'for''^i,^''*' 
taxes  and  then  and  there,  between  the  hours  of  ten  o'clock  in  the 
forenoon  and  six  o'clock  in  the  afternoon,  proceed  to  offer  for  sale, 
separately,  each  tract  of  land  or  town  lot  in  the  said  list  on  which 
the  taxes  and  costs  have  [not]  been  paid. 

§  53.     The  person  at  such  sale  offering   to  pay  the  taxes  and  saic  to  list  for 
costs  charged  on  each  tract  or  lot,   for   the   least  quantity  thereof,  ^^'a-^'est  quan- 
sliall  be  the  purchaser  of  such  quantity,  which  shall  be  taken  from 
the  east  side  of  such  tract  or  lot. 

§  54.     The  collector  shall  continue  such  sale  from  day  to  day,  Saic  continue<i 
until  all  the  tracts  of  land  or  town  lots  contained  in  the  delinquent  ^^"^  '^^  ***  '^^' 
list  on  which  taxes  and  costs  remain  unpaid,  shall  be  sold  or  offered 
for  sale. 

§  55.     The  person  purchasing  any  tract  of  land  or  town  lot,  or  purchaser  to  pay 
any  part  thereof,  shall  forthwith  pay  to  the  collector   the  amount  amoun*^  ^^'^■ 
of  taxes  and  costs  charged  on  said  tract  or  lot,  and  on  failure  so  to  lands'ire-offered. 
do,  the  said  land  or  lot  shall  be  again  offered  for  sale  in  the  same 
manner  as  if  no  such   sale  had  been   made  ;  and  in  no  case  shall 
the  sale  be  closed  until  payment  is  made. 

§  56.     The  collector  shall  obtain  a  copy  of  the  advertisement  Advertisement 
of  the  delinquent  lands  and  lots,  together  with  a  certificate  of  the  ""^ '="''^'^**  "^ 


200  EEVENUB.  [DIV.    5. 


pubBsher  to  b«    due  publication  thereof,  from  the  printer  or  publisher  of  the  ne^ws- 
^^®*"  paper  in  which  the  same  shall  have  been  published,  and  shall  file 

the  same  with  the  clerk  of  the  county  court,  on  or  before  the  first 
day  of  the  term  at  which  judgment  is  prayed. 
Letters  and  fig-        §  57.     In  all  advertisements  for  the  sale  of  lands  for  taxes,  and 
scrip t'iona.''^  ^^'  in  entries  required  to  be  made  by  the  clerk  of  the  court,  or  other 
officer,  letters  and  figures  may  be  used,  as  they  have  heretofore 
'  been  used,  to  denote  townships,  ranges,  sections,  part  of  sections, 
the  year  for  which  the  taxes  were  due,  and  the  amount  of  taxes, 
interest  and  costs. 
Clerk  to  give  cer-     §  58.     The  clcrk  shaU  make  out  and  deliver  to  the  purchaser 
c^aSf*^  '^^  ^""^     "^f  ^^^y  ^^^^^  ^^'  lots  sold  for  the  payment  of  taxes  as  aforesaid,  a 
Countersigned     certificate  of  purchase,  to  be  countersigned  by  the  collector,  describ- 
by  collector.       jj^g  ^}jg  j^nd  Or  lot  sold  as  the  same  was  described  in  the  delin- 
quent list,  the  amount  of  taxes  and  costs  for  which  the  same  was 
c  rtificatefor*'^^*^' ^"*^  *^^*^  payment  has  been  made  therefor.     If  any  person 
several  tracts,      shall  bccomc  the  purchaser  of  more  than  one  tract  of  land  pr  lot, 

he  may  have  the  whole  included  in  one  certificate. 

Certificates  as-         §  59.     Such  certificate  of  purchase  shall    be  assignable  by  in- 

dorsemeu^^  ^^'    dorsemcut,  and  an  assignment  thereof  shall  vest  in  the  assignee, 

or  his  legal  representatives,  aU  the  right  and  title  of  the  original 

purchaser. 

Sale  not  affected       §  60     No  Sale  of  real  estate  for  taxes  shall  be  considered  invalid 

of  owuw.'^'™^^    on  account  of  the  same  having  been   charged  in  any  other  name 

than  that  of  the  rightful  owner,  if  the  said  real  estate  be  in  other 

respects  sufficiently  described,  and  the  taxes  thereon  wei-e  due  and 

unpaid  at  the  time  of  such  sale. 

Clerk's  books  evi-     §  61.     The  books  and  records  belonging  to  the  office  of  the 

dence  of  sale.      clerk  of  the  county  court,  or  copies  thereof,  certified  by  said  clerk, 

shall  be  deemed  sufficient  evidence  to  prove  the  sale  of  any  land 

for   taxes   the   redemption   of  the   same,   or   payment   of  taxes 

thereon. 

EiToneous  sales        §  62.     Whenever  it  shall  be  made  to  appear  to  the  satisfaction 

by  cierk.'''''''^"^  of  the  clcrk  of  the  county  court,  before  the  execution  of  a  deed 

for  lands  or  lots  sold  for  taxes,  or  if  the  deed  be  returned  by  the 

purchaser,  that  any  tract  or  lot  was  sold,  which  was  not  subject  to 

be  taxed,  or  upon  which  taxes  had  been  paid  previous  to  the  sale, 

he  shall  make  an  entry  opposite  to  such  tracts  or  lots  on  the  list  of 

sales,  that  the  same  was  erroneously  sold,  and  such  entry  shall  be 

evidence  of  the  fact  therein  stated. 

Redemption  re-        §  63.     The  receipt  of  the  redemption  money  of  any  tract  of 

teipt  vacates       ^^^^^^  ^^  j^^^  ^^  ^^^  purchaser,   shall  operate  as   a  release  of  all 

claim  to  such  tract  or  lot,  under  or  by  virtue  of  the  purchase. 
Purchaser  allow-  §  64.  If  any  purchaser  of  lands  sold  for  taxes  shall  suffer  the 
lofd'again^c^  Same  to  be  again  sold  for  taxes  before  the  expiration  of  two  yeai-s 
tends  time  for  from  the  date  of  his  or  her  purchase,  such  purchaser  shall  not  be 
entitled  to  a  deed  for  the  land  until  the  expiration  of  two  years 
from  the  date  of  the  second  sale ;  during  which  time  the  land  shall 
be  subject  to  redemption  upon  the  terms  and  conditions  prescribed 
in  tlfis  act,  but  the  person  redeeming  shall  only  be  required  to  pay. 


deed. 


DIV.  5.]  COLLECTION.  201 

for  the  use  of  such  first  purchaser,  the  amount  paid  by  him,  and 
double  the  amount  paid  by  the  second  purchaser. 

§  65.     If  any  collector,  by  himself  or  deputy,  shall  fail  to  attend  Neglect  of  coi- 
any  sale  of  lands  alvertised  according  to  the  provisions  of  this  act  '♦;^'°%f«  »"«"<! 

11  11  />  -111  *^^^  i  lorieiture. 

and  make  sale  thereoi  as  required  by  law,  he  shall  be  liable  to  pay 

into  the  state  and  county  treasury  the  amount  of  taxes  and  costs 

due  upon  the  lands  and  lots  so  advertised,  in  the  same  manner  as 

if  they  had  been  sold  :  provided,  that  he  may  afterwards  advertise  Proviso;  may 

and  sell  such  delinquent  property  to  reimburse   himself  for  the  "^"^  a*ivertjBe. 

amount  advanced  by  him ;  but  at  no  such  sale  shall  there  be  any 

property  forfeited  to  the  state. 

§  66.     No  collector  or  treasurer  shall,  either  directly  or  indi- Coiiectorortrea»- 
rectly,  be  permitted  to  take,  buy,  shave  or  receive,  be  himself  or  "^ ^sh'ive  wa^"^ 
agent,  any  auditor's  warrant  or  warrants,  or  any  county  order,  or  ^^^^^  or  orders, 
jury  certificate,  at  less  than  the  full  amount  due  thereon. 

§  67.    On  the  first  day  of  January  next  after  taking  the  census  Secretary  of  Htate 
in  the  state,  or  as  soon  thereafter  as  the  returns  of  said  census  may  |ii,Oi^e  report  to 
be  made  to  the  office  of  the  secretary  of  state,  it  shall  be  the  duty  ""ij^^fof  ^hite 
of  said  secretary  to  make  out  and  deliver  to  the   auditor  a  correct 
statement  of  the  number  of  white  children  in  each  county  in  this 
state,  twenty  years  of  age  and  under ;  the  truth  of  said  certificate 
shall  be  certified  to  by  said  secretary,  and  thereupon,  under  the  To  be  certified, 
supervision  of  the  commissioners  of  the  school  fund,  the  auditor 
shall  make  a  dividend  to  each  county  of  the  interest  due  upon  the 
school,  college  and  seminary  fund,  in  proportion  to  the  number  of  school  fund  to  be 
persons  in  each,  of  the  age  aforesaid  ;   and  dividends  shall  be  made  apportioned, 
according  to  the  proportion   ascertained  to  be  due  to  each  county 
annually  thereafter,  until  another  census  shall  have  been  taken,  and 
then   apportionments   shall  be  made  and  continued  as  aforesaid, 
according  to  the  last  census. 

§  68.    The  auditor  shall,  within  five  d;iys  after  ascertaining  the  Auditor  to  give 
amount  due,  as  required  in  the  foregoing  section, .  make   out  and  ^^g^i^oj^o^gy' 
forward  by  mail  to   the  school  commissioner  of  each  county,  an 
order  on  the  collector  for  the  amount  due  said   county  :  provided,  Proyiso. 
that  if  the  amount  of  intei'est  due  to  any  county  shall  exceed  the 
amount  of  revenue,  state  tax,  due  from  such  county,  then  the  audit- 
or shall  issue  an  order  as  aforesaid  for  the  amount  of  revenue  that 
he  believes,  from  the  returns  of  the  assessment  for  that  year,  will 
be  collected,  and  shall  issue  and  forward  with  the  order  a  warrant 
on  the  treasurer  for  the  balance  of  interest  that  maybe  due  to  such 
county,  which   shall   be   paid  out  of  any  moneys  not  otherwise 
appropriated. 

§   69.     On  or  before  the  first  day  of  April,  annually,  or  so  sroi  collector  to  pay 
thereafter  as  the  school  commissioner  shall  present  the  order  of  the  ^r^^jj^g^'*^""™™' 
auditor,  the  collector  shall  pay  to   said   commissioner    the  amount 
due  thereon:  provided,  that  if  the  said  collector  has   not  collected  Proviso  to  pay 
a  sufficient   amount  of  state  revenue  to  pay  said  order,  and  shall  lected. 
make  oath  of  that  fact,  then  he   shall   pay  the  amount  he  has  col- 
lected, and  shall  pay  the  remainder  on   or  before  the  fifteenth  day 
of  May  next  thereafter  •  but  if  any  collector  shall  refuse  to  pay  the 


I 


202  REVENUE.  [DIV.  5. 

interest  on  the  school  fund  as  required  by  this  section,  and  shall 

Collector  refus-    refuse  to  make  oath  as  aforesaid,  it  shall  be  competent  for  the  com- 

tobecommenced.  miss'ioner  to  proceed  against  such  collector  and  his  securities,  in  an 

action  of  debt  in  the   county  court,  which  court  is  hereby  vested 

with  full  power  and  authority  to  hear  and  determine  all  such  suits, 

render  judgment,  and  issue  execution.     Said    collector  shall  be 

liable  to  pay  the  full  amount  stated  in  the  order,  notwithstanding 

he  may  not  have  collected  that  amount ;  and  if  any  collector  shall 

pay  a  portion  of  the  amount  due  as  aforesaid,  and  shall  fail  to  pay 

the  remainder  as  required  by  this  section,  the  commissioner  shall 

proceed  against  him  as  above  provided  for. 

Collector  to  pay        §  70.     Upon  ascertaining  the  amount  due  to  the  state  from  any 

to  state  treasury,  collector,  or  Other  person,  the  auditor  shall   give  such   person  a 

statement  of  the  amount  to  be  paid,  and  upon  the  presentation  of 

such  statement  to  the  treasurer,  and  the  payment  of  the  sum  stated 

Receipt  to  be       to  be  due,  the  treasurer  shall  give  duplicate  receipts  therefor,  one 

given,  counter-    ^f  which  shall  be  filed  in  the  auditor's  office,  and  entered  in  a  book 

signed  by  audit-  ,       i  />         ,  i      i  i  i     n  i  •  i 

or.  to  be  kept  tor  that  purpose,  and  the  other  shall  be  countersigned 

by  the  auditor,  and  delivered  to  the  person  making  the  payment; 
and  no  payment  shall  be  considered  as  having  been  made  until  the 
treasurer's  receipt  shall  be  countersigned  by  the  auditor  as  afore- 
said.    When  the  list  of  delinquent  lands  is  returned  by  the  audit- 
On  return  of  de-  or  for  sale,  he  shall  certify  to  the  clerk  the  amount  of  the  county's 
dUor  to  certify."  proportion  of  the  tax  paid  into  the  state  treasury,  and  the  amount 
so  certified  shall  be  paid  into  the   county  treasury  out  of  the  tax 
due  from  the  collector  to  the  state. 
Auditor  to  pre-        §  71.     The  auditor  of  public  accounts  shall,  as  soon  as  practica- 
p\re  and  furnish  \j\q  gftyj.  the  passage  of  this  act,  prepare  and  transmit  to   the  sev- 

formsandm-  ,      i     °  ,i  i     f  i   •  •  i         i     n    i 

structions.  erai  county  clerks  all  such  forms  and  instructions  as  he  shall  deem 

necessary  to  carry  into  effect  its  provisions.  Said  auditor  shall 
Publication  of  cause  to  be  printed,  with  the  forms  and  instructions  required  by 
this  act  this  section,  a  true  and  correct  copy  of  this  act,  and  shall  forward 

a  sufficient  number  thereof  for  the  use  of  the  several  county  offi- 
cers, to  the  clerk  of  the  county  court  of  each  county,  who  shall 
deliver  the  same  to  the  proper  officers.  The  expenses  of  the 
printing  required  by  this  section  shall  be  paid  for  as  other  printing 
ordered  by  this  general  assembly  is  paid  for. 
Fee.'i  and  com-  §  72.  There  shall  be  allowed  and  paid  for  scrvices  rendered  in 
pensatiou  to        pursuance  of  this  act,  the   following  fees  and   compensation:   to 

clerics  Ot  COUDtV  '  C7  X 

sourt.  clerks  of  county  courts,  for  making  lists  of  delinquent  lands  for 

the  auditor's  office,  three  cents  for  each  tract  described  in  said  list, 
to  be  paid  for  out  of  the  state  treasury,  Avhich  shall  be  in  full 
for  comparing  and  correcting  the  collector's  return  of  said  delin- 
quent lands  to  his  office,  as  well  as  for  making  the  list  aforesaid, 
and  comparing  and  certifying  to  the  list  for  the  use  of  the  collector. 
For  making  record  of  delinquent  lands  and  town  lots  for  judgment, 
including  the  order  of  court,  three  cents  for  each  tract  and  one 
cent  for  each  town  lot.  For  making  transcript  of  judgment  for 
sale,  three  cents  for  each  tract,  and  one  cent  for  each  town  lot. 
For  assisting  the  collector  in  selling  lands  and  lots,  twenty-five 


DIV.  5,]  COLLECTION.  203 

cents  for  each  tract,  and  five  cents  for  each  town  lot,  for  which  a 
certificate  is  given,  to  be  charged  and  collected  as  costs.  For 
making  transcript  of  taxable  real  property  for  the  assessor,  two 
cents  tor  each  tract  of  land,  and  one  half  cent  for  each  lot,  to  be 
paid  out  of  the  state  treasury.  For  comparing  the  assessor's 
return  with  the  original  list  of  real  property,  extending  the  tax  on 
each  trac^  and  lot,  and  adding  up  the  aggregate  amount  of  the 
tax  thereon,  two  cents  for  each  tract  or  subdivision,  and  one  half 
cent  from  each  town  lot ;  and  for  making  copy  of  the  assessment 
list  for  the  collector,  one  cent  for  each  tract,  and  one  half  cent  tor 
each  town  lot.  For  entering  list  of  lands  furnished  by  the  auditor, 
in  the  tract  books,  one  cent  for  each  tract.  The  same  fees  shall  be 
allowed  for  computing  the  tax  on  each  person's  personal  property, 
and  for  copying  the  same,  as  is  allowed  on  town  lots ;  all  of  which 
fees  shall  be  paid  out  of  the  county  treasury.  The  collector  shall  To  county  coi- 
be  allowed  for  making  list  of  delinquent  lands  to  be  filed  with  the  '''^^"'^' 
c'erk,  and  adding  up  the  amount  of  tax  thereon,  three  cents  tor 
each  tract  to  be  paid  out  of  the  state  treasury.  For  selling  lands 
and  town  lots,  ten  cents  for  each  ti'act,  and  three  cents  for  each 
*^^own  lot  sold,  to  be  charged  and  collected  as  costs ;  but  no  costs 
except  the  printer's  fees  shall  be  charged  or  collected  on  any  lands 
or  town  lots  forfeited  to  the  state.  Collectors  shall  be  allowed  a 
commission  on  all  moneys  collected,  of  five  per  cent,  on  the  first 
eight  thousand  dollars,  and  three  per  cent,  on  all  additional  sums 
collected  by  them,  to  be  paid  by  the  state  and  county  in  proportioa 
to  the  amount  of  state  and  county  tax  collected ;  and  the  auditor 
shall  allow  said  collector,  in  his  settlement,  in  addition  to  the  com- 
missions aforesaid,  two  dollars  for  every  twenty  miles  necessary 
travel,  in  going  to  and  returning  from  the  seat  of  government,  for 
the  purpose  of  paying  over  the  state  tax.  County  treasurers  shall  To  county  trea*. 
be  allowed  a  commission  of  one  per  cent,  on  all  moneys,  county  ^^^' 
orders  and  jury  certificates  received  by  them  for  county  purposes, 
and  one  per  cent,  on  all  moneys  paid  out  by  them,  but  they  shall 
not  be  allowed  any  compensation  for  paying  moneys  over  to  a  suc- 
cessor. 

§  73.     If  any  officer  shall  fail  or  neglect  to  perform  any  of  the  Neglect  of  dutf 
duties  required  of  him  by  this   act,   upon  being  required  so  to  do  ^  °  ''°^^' 
by  any  person  interested  in  the  matter,  he  shall  be  liable  to  a  fine  Penalty. 
of  not  less  than  ten  dollars,  nor  more  than  one  hundred  dollars,  to 
be  recovered  in  an  action  of  debt  in  the  circuit  court  of  the  proper  ii°w  recoverea. 
county,  and  may  be  removed  from  office,  if,  in  the  opinion  of  the  Removal  fiom 
court  before   whom   such   suit   may  be    tried,   the    circumstances  °  ''^' 
require  such  removal ;  and  any  officer  who  shall  knowingly  violate 
any  of  the  provisions  of  this   act,   shall  be  liable  to  a  fine  of  not  Penalty  for  vioift. 
less  than   ten  dollars,   nor  more  than  one  thousand  dollars,  to  be  *''^°^  "^  '^i^  ^'• 
recovered  in  an  action  of  debt  in  any  court  having  jurisdiction  of 
the  amount,  and  may  be  removed  from  office  at  the  discretion  of 
the  court. 

§  74.     The  rate  of  taxation  for  state  purposes  for  the  year  A.  D.  Rate  of  t»xaUon 


204  REVENUE.  [DIV,  5. 

for  state  pur-       1853,  and  forever  thereafter,  until  otherwise  provided  by  law,  shall 
^***^®^"  be  two  mills  on  every  dollar's  worth  of  taxable   property,  for  the 

payment  of  the  state  debt,  one  and  one-half  mills  on  every  dollar's 
worth  of  taxable  property  for  the  payment  of  the  interest  on  the 
state  debt,  and  one  mill  on  every  dollar's  worth  of  taxable  property, 
for  defraying  the  expenses  of  the  government. 
AppUcation  of  §  75.  This  act  shall  apply  to  and  be  in  force  in  the  several 
this  act.  counties  adopting  the  act  to  provide  for  township  organization,  and , 

shall  be  in  force  from  and  after  its  passage. 
Approved  February  12,  1853. 


1853. 
Preamble. 


In  force  Feb.  12,  An  Act  to  amend  the  Revenue  Laws  of  this  State. 

Whereas  doubts  have  arisen  as  to  whether  the  sheriff  or  treasurer 
of  counties  that  are  organized  under  the  township  organization 
law  should  execute  deeds  for  lands  sold  for  taxes  in  said  coun 
ties ;  and  whereas,  deeds  for  lands  sold  for  taxes  have  been 
executed  sometimes  by  sheriff  and  sometimes  by  county  treas' 
urer ;  therefore, 
Tax  deeds  hereto-      SECTION  1.     Be  it  enacted  hv  the  people  of  the  State  of  Illinois. 
ciaredvaud.        represented  in  the   General  Assembly,  That  aU  deeds    heretofore 
executed  by  any  sheriff  or  county  treasurer  of  the  proper  county 
for  lands  sold  for  taxes  in  counties  that  have  adopted  the  township 
organization,  shall  be  as  valid  and  effectual  to  pass  the  title  to  such 
land  as  if  the  same  had  been  made  by  the  proper  officer. 
Sheriff  to  make        §  2.     In  all  cascs  where  lands  have  heretofore  been  or  maj* 
hereafter  be  sold,  in  counties  organized  under  the  township  organi- 
zation law,  and  deeds  have  not  been  made  to  the  purchasers  therectf; 
such  deeds  shall  be  made  by  the  sheriff  of  the  proper  county,  at 
the  time  when  by  law  such  deeds  should  be  made.' 
Approved  February  12,  1853. 

In  force  April  24,  Xtx  Act  to  amend  the  Revenue  Law. 

„    -    ,.     ^        Section  1.     Be  it  enacted  hi  the  people  of  the  State  of  Illinois, 

Tax  deeds  hereto-  ,      ^  ,    >  7  7      rr.i  ii    i       -,     ^  n  -, 

fore  made,  held    represented  lu  the  General  Assembly,  ihat  all  deeds  hereafter  made 
shoJra'toJcs  were '"  pursuance  of  sales  of  real  estate  for  the  non-payment  of  taxes 
paid;  or  land  re- shall  be  held  to  be  null  and  void,  if  it  be  shown   that  said  taxes 
tice  not  given,     had  been  paid  before  the  sale,  or  that  said  real  estate  was  not  sub- 
ject to  taxation,  or  that  it  had  been  redeemed  from  said  sale,  or  if 
the  notice  required  by  the  constitution  was  not  given,  or  that  the 
description   of  said  land   was    not    sufficiently   definite ;    and    the 
validity  of  all   such  deeds,  hereafter  made  by  the  proper  officers,- 
^uustioiied*un^'^  ^°'^'  ^'^'^^  cstatc  sold  for  the  non-payment  of  taxes,  shall  not  be  ques- 
kss  taxes  tender-  tioned  in  any  suit  or  controversy  in  this  state,  for  any  other  cause, 
*  ■  unless  the  party  wishing  to  contest  the   same  shall  tender  to   the^ 

(1)  Upon  the  subject  of  tax  titles,  the  following  ca.«es  may  be  referred  to,  in  addition  toi 
those  already  cited  :  Fitch,  etnl.,  v.  Pinrkard  et  al.,^  Srnm.,  69.  Swiggnrt  et  al.\.  Barber 
et  al.,  //.,  370.  Hilletal.v.  Lcnimnl,  irf.,  742.  Maxey  v.  Claybaiigh,!  Gibn.,2''}.  Hin- 
man  \.  Popf,  If/.,  ISl.  Va7u-e  y  Srlnn/lfr.  Id.,  IGO.  Messingir  y.  Germain,  Id-CSi.  .'^iU 
many.  Ff/ri\  ld.,CM.  Besfnr  y.  Pnv)rll,2  Gihn.,1'19.  Atkins  y.  Hinman,  hi.,  iZl.  Thorn 
son  y.  Sckuijkr,  Id.,  271.     Rkincliart  y.  Schuyler,  Id.,  473.     Job  v.  Tibbet.'i,  5  Gdm.,  37a- 


)IV.    5.]  COLLECTION.  205 

;l;iimaut  undei"  said  tax  deed,  or  deposit  in  the  court  in  which  such 
luit  is  pending,  for  his  use,  the  amount  of  the  redemption  money 
iiow  provided  lor  by  law,  with  ten  per  cent,  per  annum  interest 
'hereon  from  the  date  of  said  deed  to  the  time  of  said  tender  or 
lleposit;  and  after  said  tender  or  deposit  is  made,  the  validity  of 
jiaid  deed  may  be  questioned  in  the  same  manner,  and  to  the  same 
ijxteiit,  as  now  provided  by  law. 
Approved  February  21,  18G1. 

in  Act  to  amend  an  act  entitled  "  An  act  regulating  the  collection  of  the  In  force  February- 
Revenue  in  couuties  adopting  the  Township  Organization  law,"  approved  '^■^  ^^^^■ 
February  12,  1853. 

i    Section'  1.     Be  it  enacted  hy  the  people  of  the  State  o/"  7//^?^o^s,  Reference  to 
represented  in  the  General  Assembly,  That  in  all  cases  which  have  [^"^enaJZ 
t  ftrisen  since  the  passage  of  the  act  hereby  amended,  or  which  shall 
f^  arise,  in  which  this  objection  has  been  offered  or  shall  be  offered  to 
khe  entry  of  judgment  against   real  estate  for  taxes,  interest  and  Q^^jp^^jj^jj  ^^  gjj_ 
posts  due  severally  thereon,  as  provided  in  the  thirty-fifth  section  trj  of  judgmeut. 
i)f  said  act,  to  wit :  that  the  collector  might  have  collected  the  said 
baxes,  interest  and  cost,  by  distress  and  sale  of  personal  property ; 
md  in  case  the  said  objection  has  been  or  shall  be  sustained,  and  supervisors  may 
'.n  all  cases  which  have    arisen    since  the  passage  of  said  act,  or '^''■«<=' '^-'',''''' '"- 

I    ,.,,,,..,.   ,  .  11  1  terest  amJ  costs 

iwhicli  shall  arise,  in  which  taxes,  interest  and  costs  due  on  personal  to  be  added. 
Iproperty  have  not  been  collected,  or  shall  not  be  collected,  then  the 
(board  of  supervisors  may,  at  their  annual  meeting,  direct  the 
icounty  clerk  to  add  said  taxes,  interest  and  costs,  or  any  part 
Ithereof,  to  the  collector's  lists,  to  be  collected  as  other  taxes :  pro- 
vided,  that  such  taxes,  interest  and  costs  shall  not  have  been  other- 
wise collected;  and  provided,  that  the  collection  of  said  taxes,  inter- 
;est  and  costs  shall  not  have  been  estopped  by  legal  proceedings, 
other  than  the  sustaining  of  said  objection :  and  provided  further,  Proviso, 
that  no  action  shall  have  been  commenced  to  enforce  the  payment 
of  such  delinquent  taxes. 

§  2.  This  act  shall  apply  to  and  be  in  force  from  and  after  its 
passage,  in  the  several  counties  adopting  the  act  to  provide  for 
township  organization. 

Approved  February  22,  1861. 

An  Act  to  enable  the  Auditor  of  public  accounts  to  collect  the  Revenue.     Ip  force  February 

'  1(,  1851. 

Section  1.     Be  it  enacted  hy  the  people  of  the  State  of  Illinois,  Duty  of  officer 
represeiited  in  the  General  Assembly,  That  when  real  estate  shall  be  'evjing. 
levied  upon  to  satisfy  any  judgment  in  favor  of  the  state,  it  shall 
be  the  duty  of  the  officer  making  such  levy,  to  transmit  by  mail,  to 
the  auditor,  at  least  twenty  days  before  the  day  of  sale,  a  correct 
statement,  showing  the  description  and  value  of  said  property,  in 
cash ;  the  truth  of  said  statement  shall  be  attested  by  the  oath  of 
said  officer.     And  the  auditor  is  hereby  authorized  and  required  cuLe  for  sute!." 
to  purchase,  in  the  name  and  for  the  use  of  the  state  of  Illinois,  at 


206 


REVENUE. 


[div.  5. 


Kedemption. 


Redemption 

money. 


a  price  not  exceeding  two-thirds  of  said  value,  so  much  of  said 
property  as  may  be  required  to  pay  the  amount  of  the  judgment 
and  costs  aforesaid ;  and  it  shall  be  the  duty  of  the  officer  making 
such  sale  to  foi'ward  to  the  auditor  a  certificate  of  purchase,  and 
make  his  return,  as  required  in  other  cases  of  sales  on  execution. 
Any  person  desiring  to  redeem  said  property  from  such  sale,  shall 
pay  the  amount  of  redemption  money  into  the  state  treasury ;  and, 
thereupon,  the  auditor  shall  indorse  such  payment  on  the  back  of 
the  certificate  of  purchase  aforesaid,  and  deliver  it  to  the  person  so 
paying ;  which  shall  have  the  same  effect  as  redemptions  have  in 
other  cases  ;  but  no  real  estate  purchased  as  aforesaid  shall  be 
considered  redeemed  from  such  sale  until  the  redemption  is  paid 
into  the  state  treasury. 

§  2.  All  moneys  received  by  any  sheriff,  or  other  officer,  for 
the  redemption  of  any  real  estate  sold  to  the  state,  on  execution, 
shall  be  paid  by  such  officer  into  the  state  treasury,  or  to  the  col- 
lector of  his  country,  as  may  be  directed  by  the  auditor,  within 
twenty  days  after  demand  is  made  by  said  auditor,  and  shall  be 
paid  into  the  state  treasury,  by  such  collector,  when  he  makes  i 
settlement  for  the  state  revenue :  provided,  that  the  demand  afore- 
said may  be  made  by  any  person  authorized  by  the  auditor  to  make 
such  demand. 
If  Bot  redeemed.  §  3.  If  any  real  estate,  purchased  by  the  state  on  execution, 
shall  not  have  been  redeemed,  or  may  not  hereafter  be  redeemed, 
within  the  time  required  by  law,  it  shall  be  the  duty  of  the  audit- 
or to  obtain  a  deed  or  deeds  therefor ;  which  he  shall  cause  to  be 
recorded  in  a  book  kept  for  that  purpose,  in  his  office,  and  shall 
take  such  steps  as  he  shall  deem  necessary  to  protect  the  timber,  or 
other  fixtures  thereon,  from  being  lost  or  destroyed. 

§  4.  The  auditor  of  public  accounts  is  hereby  authorized  and 
empowered  to  sell,  transfer  and  convey,  by  deed,  any  and  all  real 
estate  that  may  have  been  heretofore,  or  may  be  hereafter  pur- 
chased, to  satisfy,  or  in  payment  of  any  judgment,  or  any  execu- 
tion in  favor  of  the  state,  by  this  state,  or  by  any  officer  of  this 
state,  for  the  benefit  and  use  of  the  state,  to  any  person  or  persons 
who  may  pay  into  the  state  treasury  the  full  amount  paid  by  the 
state  for  said  property,  and  six  per  cent,  interest  thereon,  from  the 
date  of  said  sale  to  the  time  of  such  payment :  provided,  that  such 
amount  shall  be  equal  to  the  amount  due  the  state  on  the  judg- 
ment or  decree  on  which  the  sale  was  made;  or  if  not,  the  sale 
may  be  made  at  such  price,  not  less  than  the  price  paid  for  the 
property  as  aforesaid,  as  the  judge  of  the  county  court  and  the 
sheriff  of  the  county  in  which  the  estate  is  situated  shall  certify 
the  same  to  be  worth. 

§  5.  State's  attorneys,  in  addition  to  the  duties  now  required 
by  law,  shall  prosecute  all  suits  in  favor  of  the  state  when  required 
by  the  auditor ;  and  where  there  is  no  other  fee  allowed  by  law  for 
such  service,  they  shall  be  allowed  and  paid  out  of  the  state  treas- 
ury the  sum  of  five  dollars,  for  commencing  and  prosecuting  suits 


Auditor  to  sell. 


PMTieo.' 


Duty  of  state's 
attorneys. 


DIV.  5.]  MISCELLANEOUS.  207 

as  aforesaid,  to  be  paid  on  the  certificate  of  the  auditor,  and  ap- 
proved by  the  governor. 

§  6.  If  the  back  taxes  on  any  forfeited  property  have  not  been  Back  taxes, 
collected,  or  the  property  sold  as  provided  for  by  an  act  entitled 
"An  act  to  provide  for  the  collection  of  the  revenue  on  forfeited 
property,"  approved  February  twelfth,  eighteen  hundred  and  forty- 
nine,  said  taxes,  with  the  interest  and  cost  due  thereon,  shall  be  added 
to  and  collected  with  the  tax  of  the  current  year :  provided,  that 
where  such  taxes  have  not  been  added  to  the  hst  for  the  cun-ent  ' 

year,  the  clerk  shall  add  them  to  the  taxes  of  the  year  A.  D.  one 
thousand  eight  hundred  and  fifty-one.  Said  property  shall  be  ad- 
vertised and  sold  in  the  same  manner  as  required  by  the  act 
aforesaid. 

§  7.     Deeds  on  sales  made  in  pursuance  of  this  act,  or  of  the  De<Ki8 
foregoing  recited  act,  shall  be  made  by  the  sheriflf  or  collector,  as 
provided  for  in  other  cases  of  sales  for  taxes. 

§  8.  In  all  cases  where  the  collectors  of  the  tax  of  the  year  interest  remit- 
A.  D.  one  thousand  eight  hundred  and  forty -nine,  did  not  receive  *^''' '"  ^''^^^  '^***' 
the  tax  books  within  the  time  required  by  law,  or  where  any  of  the 
collectors  aforesaid  failed  to  obtain  judgment  on  the  delinquent  list, 
at  the  time  required  by  law,  the  auditor  is  hereby  requii-ed  to  re- 
mit the  interest  on  the  accounts  of  such  collectors ;  and  in  all  cases 
where  such  interest  has  been  paid  into  the  treasury,  the  auditor 
shall  cause  the  same  to  be  refunded  by  drawing  liis  warrant  on  the 
treasurer  for  the  amount  so  paid. 

§  9.  Sheriffs  and  collectors  of  the  revenue  for  the  year  one  Collector's  com- 
thousand  eight  hundred  and  fifty -one,  and  subsequent  years,  shall  ™^^*'""- 
be  allowed  a  commission  upon  all  moneys  paid  in  to  the  state  and 
county  treasuries,  of  five  per  cent,  on  the  first  eight  thousand  dol- 
lars, three  per  cent,  on  the  next  ten  thousand  dollars,  and  two  per 
cent,  on  all  additional  sums,  instead  of  the  commission  now  allowed 
by  law  ;  which  allowance  shall  be  apportioned  between  the  county 
and  state,  in  proportion  to  the  fynounts  collected  and  paid  over. 

§  lO.     This  act  to  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  February  17,  1851. 

MISCELLANEOUS. 
[From  Chapter  39  of  tbe  Revised  Statutes.^   , 

Section  1.     All  property,  real  and  personal,  within  this  state  what  property 
shall  be  liable  to  taxation,  subject  to  the  exceptions  hereinafter  *"''^' 
stated. 

******* 

Sec.  7.     Every  hawker  or  peddler  who  may  desire  to  hawk  or  Licenses  for  ped- 
peddle  any  goods,  wares,  merchandize  or  clocks,  throughout  the  *^"°S" 

(1)  It  is  belieTed  that  so  much  of  the  chapter  of  the  Revised  Statutes,  concerning  Reve- 
mue,  as  is  here  inserted,  comprises  all  of  said  chapter  remaimng  in  force,  or  that  is  applicable 
in  counties  having  tovrnship  organizations. 


208  REVENUE.  [DIV.  5. 

State,  shall,  on  the  payment  of  fifty  dollars  for  the  use  of  said 
state,  to  the  secretary  of  state,  be  entitled  to  receive  a  license  au- 
thorizing him  to  pursue  such  occupation  in  every  county  of  the 
state  ;  and  any  hawker  or  peddler  may  procure  a  license  for  a  sin- 
gle county  on  the  payment .  to  the  county  commissioners'  clerk  of 
said  county,  for  the  use  of  the  county,  the  sum  of  ten  dollars. 
Any  person  pursuing  the  occupation  of  a  hawker  or  peddler  within 
Penalty  for  ped-  t^jg  state,  or  any  of  the  counties  thereof,  without  license,  shall  for- 
•«i^e.^  °"  feit  and  pay,  one-half  for  the  use  of  the  person  complaming  there- 
of, and  the  other  half  for  the  use  of  the  state,  the  sum  of  one 
hundred  dollars,  to  be  recovered  by  action  of  debt  in  the  name  of 
the  state  of  Illinois,  bei'ore  any  justice  of  the  peace,  or  probate 
justice  of  the  peace,  subject  to  appeal  to  the  circuit  court  as  in 
other  cases  :  provided,  that  this  section  shall  not  apply  to  persons 
whose  ordinary  occupation  is  not  that  of  a  peddler,  nor  to  those 
engaged  in  vending  articles  manufactured  in  this  state. 

Axiditor  obtain         Sec.  11.     It  shall  be  the  duty  of  the  auditor  of  public  accounts, 

accounts  of  sales  jj^  cascs  where  such  abstracts  have  not  already  been  obtained,  and 

as  the  same  may  become  necessary,  to  obtain  from  the  several  land 

offices  of  the  United  States  at  which  lands  within  this  state  are 

sold,  abstracts,  containing  a  description  of  all  lands  sold  at  each 

office,  the  dates  of  sale,  and  the  names  of  purchasers ;  also,  maps 

of  the  several  land  districts,  where  such  abstracts  and  maps  have 

not  already  been  pi-ocured. 

Auditor  furnwh       Sec.  12.     The  auditor  shall  annually  transmit  to  the  said  clerks, 

iytalbie!^'"'''"on  or  before  the  first  day  of  February,  a  Hst  of  all  lands  in  their 

respective  counties  which  may  have  become  subject  to  taxation 

within  the  preceding  year. 

******* 

Lands  of  non-  Sec.  19,  Lands  and  town  lots  owned  by  non-residents  of  the 
residents,  when  county,  when  oncc  correctly  listed  for  taxation  by  their  owners, 
^'^^^  '  shall  not  be  required  to  be  listed  again  by  them  till  a  sub-division 

or  change  of  ownership  takes  place. 
Assessment  of  Sec.  20.  If  any  real  or  personal  property  shall  be  omitted  in 
property  omitted.  ^^  assessment  of  any  year  or  number  of  years,  the  same  when  dis- 
covered, shall  be  assessed  by  the  assessor  for  the  time  being,  and 
placed  upon  the  assessment  list  with  the  arrearages  of  tax  which 
might  have  been  assessed  with  six  per  cent,  interest  thereon,  from 
the  time  the  same  ought  to  have  been  paid;  the  clerk  of  the 
county  commissioners'  court  shall  also  have  power  to  Ust  any  proi> 
erty  omitted  for  a  previous  year  or  years,  and  add  the  same  to  the 
collector's  list,  and  report  the  same  to  the  county  commissioners' 
court  at  their  next  term ;  and  said  court  is  required  to  enter  the 
same  of  record,  and  charge  the  collector  with  the  same,  and  the 
clerk  to  certify  said  charges  to  the  auditor  at  the  time  of  certifying 
the  allowances  made  to  collectors. 


DIV.  5.]  MISCELLANEOUS.  209 

Sec.  70.     No  collector  or  clerk  of  any  county  commissioners' collector  and 
court,  shall  be,  either  directly  or  indirectly,  concerned. in  the  pur- ^"^''^"'j^^/J*^'* 
chase  of  any  tract  of  land  or  town  lot  sold  for  the  payment  of  taxes, 
under  the  penalty  of  one  hundred  dollars,  to  be  recovered  by 
action  of  debt. 

**«♦♦♦« 

Sec.  88.     At  any  time  after  the  close  of  any  such  sale  as  afore-  Lands  not  bid  for 
said,  the  clerks  may  sell  any  of  the  lands  and  town  lots  offered  for  ^^a^'.  ""'^ 
sale  which  were  not  sold  for  want  of  bidders,  to  any  person  wish- 
ing to  purchase  the  same,  who  shall  pay  the  State  and  county  tax, 
together  with  the  costs  and  interest  due  thereon. 

******  0 

Sec.  92.  The  clerks  of  the  county  commissioners'  courts  shall  cierks  liable  for 
be  liable  for  all  redemption  money  of  lands  and  lots  which  may  mon^'!*'"" 
come  into  their  hands  as  such,  and  shall  pay  the  same  over  on 
demand  being  made  by  a  proper  person,  and  in  case  of  failure  or 
refusal  so  to  do  when  demanded  as  aforesaid,  then  his  office  shall 
be  considered  vacated  ;  and  thereupon  the  county  commissioners' 
court  shall  appoint  some  suitable  person  to  fill  such  vacancy  until 
the  same  be  filled  in  the  manner  now  prescribed  by  law. 

Sec.  93.     Lands  sold  by  the  state,  though  not  granted  or  con- Assessment  of 
veyed,  shall  be  assessed  in  the  same  manner  as  if  conveyed,  but  ^^.  ^"^"'"^  ^^ 
such  lands,  when  forfeited  to  the  state  for  the  non-payment  of  taxes 
thereon,  shall  not  in  any  case,  be  sold  for  such  non-payment  as  Such  lands  not 
other  lands,  and  shall  not  afterwards  be  subject  to  taxation  until  ° 
again  sold  by  the  state. 

Sec.  94.  Whenever  any  purchaser  of  canal  lands  or  lots,  shall  Non-payment  of 
fail  to  pay  the  taxes  assessed  thereon,  as  required  by  the  terms  of  lands, 
sale  provided  by  law,  it  shall  be  the  duty  of  the  collector  forthwith 
to  report  such  failure  to  the  acting  commissioner  of  the  Illinois 
and  Michigan  canal,  who  shall  enter  the  said  lands  or  lots  as  for- 
feited to  the  state,  and  thenceforth  all  right,  interest  and  title  of 
the  said  purchaser  shall  cease ;  the  said  lands  shall  not  in  any  case 
be  sold  for  the  non-payment  of  taxes,  and  any  such  sale,  if  made, 
shall  be  void. 

******* 

Sec.  96.     Persons  paying  taxes  on  lands  advertised  for  sale  for  Payment  of  owts 
the  taxes  due  thereon,  previous  to  the  sale,  shall  be  required  to  mente'for^es. 
pay  the  costs  of  advertising,  and  all  other  costs  which  may  have 
accrued  up  to  the  time  of  such  payment. 

*  *         .    *  *  *  «  * 

Sec.  98.  No  sheriff  or  deputy  sheriff  shall  be  eligible  to  the  siieriff  not  to  be 
office  of  county  treasurer,  nor  shall  any  county  treasurer  hold  the  "^°'"'**  r«>s"rer. 
office  of  sheriff  or  collector. 

Sec.  103.     If  any  collector  shall  receive  the  taxes  upon  any  Penalty  for  re- 
land  or  real  estate,  and  shall  knowingly  include  the  same  land  or  un^^v^^  "* 
real  estate  in  the  list  of  lands  returned  by  him  on  which  taxes  P"**- 
14 


210  REVENUE.  [DIV.  5. 

have  not  been  collected,  and  the  said  lands  shall  be  sold  for  the 
taxes  thereon^  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
indictment  and  conviction  thereof,  shall  be  removed  from  office, 
and  shall,  moreover,  be  liable  to  the  party  injured  for  aU  damages. 

******* 

CoUector  not  buy      Sec.  105.     No  coUector  shall,  either  directly  or  indirectly,  be 
^tor's  war-     permitted  to  take,  buy,  shave  or  receive,  by  himself  or  agent,  any 
auditor's  warrant  or  warrants,  at  less  than  the  fuU  sum  due  thereon 
to  the  holder  of  such  warrant  or  warrants. 
Penalty  for  80  Sec  106.     Any  collector,  who  shall  violate  the  provisions  of 

doing.  ^jjg  foregoing  section,  shall  be  liable  to  pay  double  the  amount 

made  by  purchasing  or  shaving  said  warrants  at  less  than  their 
face,  in  an  action  of  debt,  before  any  court  of  the  proper  county ; 
one-half  the  amount  so  recovered,  shaU  go  to  the  person  complain- 
ing, and  the  other  half  shaU  be  paid  into  the  state  treasury,  and 
his  office  shall  be  vacated. 
Payment  of  in-  Sec.  107.  Hereafter,  the  interest  on  the  school  fund  belonging 
tereat  on  county  jq  ^j^g  several  couuties  of  this  state,  shall  not  be  required  to  be 
paid  into  the  state  treasury  ;  but  the  auditor  shall,  as  now  required 
by  law,  ascertain  the  amount  payable  to  each  county,  and  certify 
the  same  to  the  collector,  who  shall  thereupon  pay  over  to  the 
school  commissioner  of  his  county,  such  amount,  and  take  his 
receipt  therefot ;  and  on  settlement  with  the  auditor,  the  said  col- 
lector shall  be  credited  with  the  amount  specified  in  said  receipt, 
in  the  same  maimer  as  if  it  had  been  paid  into  the  treasury. 


DIV.  6.]  BRIDGES — CENSUS.  211 

DIVISION    VI. 

MISCELLANEOUS  PROVISIONS. 

BRIDGES. 

An  Act  to  provide  for  the  better  protection  of  the  public  Bridges  in  this  State.  In  force  Feb.  20, 

°  186*1. 

Section  1.     Be  it  enacted  by  the  people  of  the  State  of  Illinois,  Driving  over 
represented  in  the  General  Assembly,  That  if  any  pei-son  shall  ride,  J'^'Jf  a  ^ik'^pro- 
lead  or  drive  any  wagon,  carriage,  dray,  cart  or  other  vehicle  ori^bited. 
conveyance,  or  any  horse,  mare,  mule  or  ox,  or  other  animal,  over, 
on  or  across  any  public   bridge,  or  any  bridge  used  by  the  public, 
within  the  Hmits  of  tliis  state,  [faster  than  a  walk,]  he  shall  forfeit  Penalty, 
and  pay  for  each  offence  the   sum  of  five  dollars ;  which  penalty 
shall  be  collected,  either  before  a  justice  of  the  peace,  or  by  indict- 
ment in  the  circuit  court  of  said  county,  as  is  now  provided  by  °'"'  p«>8«cute4. 
section  one  of  an  act  entitled,  "  an  act  to  amend  chapter  ninety- 
three  of  the  revised  statutes,   entitled,  '  roads,' "  approved  June 
22,  1852. 

§  2.     It  shall  be  the  duty  of  the  commissioners  of  highways  of  Boards  to  be  put 
each  town,  in  counties   under  township  organization,  and  of  the  "^  °°  "  ^^' 
county  courts  of  all  other  counties,  to  cause  boards  to  be  placed 
upon  the  bridges  across  the  principal  streams  in  their  respective 
towns.     Said  board  shall  be  elevated,  so  as  to  be  easily  seen  by 
travelers,  and  on  each  side  of  said  boards  shall  be  printed,  in  capital  inscriptjon  on 
letters,  the   words :  "  five  dollars  fine  for  leading  or  driving  any  *^"'^- 
beast  faster  than  a  walk  on  or  across  this  bridge." 

§  3.     This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  February  20,  186L  •  ' 

CENSUS.^ 

An  Act  to  provide  for  taking  the  Census. 

Section  1.     Be  it  enacted  by  the  people  of  the  State  of  Illinois,  EnTuneratioii  fnr 
represented  in  the  General  Assembly,  That  the  enumeration  of  the         "^     *°' 
inhabitants  of  this  state  for  the  year  1855  shall  be  taken  in  con- 
formity with  the  provisions  of  the  nineteenth  chapter  of  the  revised 
laws  of  1845,  except  that  in  counties  having  adopted  the  township  Exception  in 
orgranization,  the  board  of  supervisors  shall  appoint  the  commis-  ^ountif?  having 

.  o  '  ^  c  township  organi* 

sioners,  whose  duty  it  shall  be  to  take  the  enumeration  of  the  inhab-  zation. 
itants  of  this  state,  and  except  also  that  the  list  of  property  provided 
for  in  the  second  section  of  said  act  shall  not  include  the  value  of 
grain  raised  last  year ;  and  also  that  the  said  commissioner  appointed 

(1)  For  provisions  in  fall  concerning  CxNSUS,  see  Appendix,  p.  243. 


212 


MISCELLANEOUS   PROVISIONS. 


[div.  6. 


to  take  the  census  shall  have  the  right  to  appoint  one   or  more 
deputies  under  them,  who  shall  take  the   same  oath  and  perform 
ProTieo.  ^jj^  same  duties  as  their  principals:  provided,  the  county  judge 

shall  have  the  power  of  appointing  the  persons  to  take  the  census 
for  the  counties  of  Adams,  Hancock  and  Henry.     This  act  to  take 
effect  and  be  in  force  from  and  after  its  passage. 
Approved  February  15,  1855. 


Each  county  a 
body  politic. 

Style. 


Coimty  commis- 
sioners' court. 


Election  of  coun- 
ty commission- 
ers. 
To  be  sworn. 


To  draw  lots  for 
term  of  office. 


Term  decided  by 
lot  drawn. 


COUNTIES   AND    COUNTY   COMMISSIONERS*    COURTS.' 

(From  Chapter  27  of  the  Revised-Statutes.) 

Section  1.  Each  county  which  has  heretofore  been,  or  may 
hereafter  be  established  in  this  state,  according  to  the  laws  thereof, 
shall  be  a  body  politic  and  corporate,  by  the  name  and   style  of 

"the  county  of "  and  by  that  name  may  sue  and  be  sued, 

plead  and  be  impleaded,  defend  and  be  defended  against  in  any 
court  of  record,  either  in  law  or  equity,  or  other  place  where  jus- 
tice shall  be  administered.'* 

Sec.  2.  There  shall  remain,  as  at  present  established,  in  each 
county  of  this  state,  and  shall  be  established  in  each  county  here- 
after created,  a  court  of  record,  to  be  constituted,  composed  of  three 
commissioners,  elected  by  the  people  as  hereinafter  provided,  to  be 
styled  "the  county  commissioners'  court  of county." 

Sec.  3.  Such  commissioners  shall  be  elected  as  provided  in 
chapter  thirty-seven  (title  "Elections,")  of  the  Revised  Statutes. 
Previous  to  entering  upon  their  duties  they  shall  be  sworn,  before 
some  justice  of  the  peace,  judge  of  the  circuit  court  or  clerk  of  the 
circuit  court,  faithfully  to  perform  the  duties  of  their  office  to  the 
best  of  their  knowledge  and  ability. 

Sec.  4.  At  the  first  meeting  of  such  commissioners  after  they 
shall  have  been  so  elected  and  sworn,  the  clerk  of  said  county  com- 
missioners' court,  shall  prepare  three  tickets,  upon  one  of  which  he 
shall  write  the  words  "one  year"  upon  another  the  words  '■Hwo 
years"  and  upon  the  other  the  words  '■'■three  years"  which  tickets 
so  prepared  shall  be  presented  by  said  clerk  with  the  writing  there- 
on concealed,  to  such  county  commissioners,  and  each  of  said  com- 
missioners shall  draw  one  of  said  tickets. 

Sec.  5.     The  term  of  service  of  the  commissioner  who  draws 

(1)  The  county  conunissioners'  court  has  been  superseded  under  the  new  constitution  by  th^ 
county  court,  and  its  power  transferred  to  the  latter  court.  In  counties  adopting  township 
organization,  the  officers  of  the  county  court  are  transferred  to  the  board  of  supervisors ; 
this  board,  therefore,  in  determining  their  whole  duty  will  have  to  look  back  through  aU  the 
statutes  relating  to  the  powers  and  duties  of  the  county  commissioners  and  county  court. 
It  being  the  object  of  this  compilation  to  embrace  aU  the  law  remaining  in  force,  applicable 
to  township  organization,  including  that  which  relates  to  the  powers  and  duties  of  boards  of 
supervisors,  the  entire  chapter  of  the  Revised  Statutes  concerning  the  county  commissioners' 
court  has  been  here  inserted,  without  the  omission  of  any  portion  thereof,  as  there  may  be 
some  doubt  as  to  what  portion  is  repealed,  or  is  inapplicable. 

(2)  Statutes  defining  the  boundaries  of  a  county  are  public  acts,  and  the  courts  are  bound 
judicially  to  notice  them.  In  an  action  qiiare  clausumfregit  proof  that  the  trespass  was  com- 
mitted in  the  government  section,  township  and  range  alleged,  is  sufficient,  without  proof, 
that  such  section  wa.s  in  the  county  alleged. — Ross  et  al.  v.  Reddeck,  I  Scam.,  73. 

The  legislature  can  notaboUsh  counties,  and  form  their  territory  into  one  or  more  counties, 
nor  take  territory  from  one  county  and  add  it  to  another,  nor  remove  a  county  seat,  without 
submitting  the  act  to  a  vote  of  the  inhabitants  aSectcvl  by  such  changes. —  The  People  ex  reU 
T.  MarshaU,  12  Ills.,  391. 


PIV.  6.]  COUNTIES   AND   COUNTY   COMMISSIONERS*    COURTS.  213 

the  ticket  upon  which  is  written  "  one  year"  shall  expire  at  the 
end  of  one  year  ;  the  terra  of  service  of  the  commi>sioner  who 
draws  the  ticket  upon  which  is  written  " two  years"  shall  expire  at 
the  end  of  two  years  ;  and  the  terra  of  service  of  the  commissioner 
who  draws  the  ticket  upon  which  is  written  "  three  years"  shall 
expire  at  the  end  of  three  years  ;  the  result  of  which  drawing  shall 
be  entered  by  the  clerk  upon  the  records  of  the  court. 

SiiC.  6.  The  two  preceding  sections  shall  be  deemed  to  apply  To  appiv  to  first 
only  to  commissioners  elected  at  the  first  elections  to  beheld  in  •^'^"♦'."""of^o'"- 
counties  hereafter  to  be  organized.  Thereafter  in  all  puch  new 
counties,  as  well  as  in  all  counties  now  organized  according  to  law, 
one  commissioner  shall  be  elected  at  the  general  election  i..  each 
year  as  provided  in  chapter  thirty-seven,  (title  "Elections,")  to 
supply  the  place  of  the  commissioner  whose  term  of  office  shall 
then  expire ;  it  being  intended  that  after  such  first  election,  each 
commissioner  shall  hold  his  office  for  the  term  of  three  years. 

Sec.  7.     Whenever   a   vacancy   shall   happen  in  the  office  of  vacancy  in  offlc« 
county  commissioner  by  death,  resignation  or  otherwise,  it  shall  be  how  fiucr'""*"^ 
the  duty  of  the  clerk  of  the   county  commissioners'  court  of  the 
county  in  which  the  vacancy  shall  happen,  to  issue  his  order  to 
the  judges  of  election   in   the  diffi^rent  precincts  in  said  county, 
requiring  them  on  a  certain  day   not  less   than  twenty  days  from 
the   date  of  such  order,  to  hold  an  election  to  fill  such  vacancy: 
provided,  that  if  the   term  of  service  of  the  commissioner  whose  ProTiso 
vacancy  is  to  be  filled,  would  have  expired  within  six  months  of  the 
happening  of  said  vacancy,  it  shall  not  be  necessary  ibr  the  clerk 
to  order  an  election  to  fill  such  vacancy. 

Sec.  8.     There  shall  be  elected  in  each  county,  a  county  com-  cieri'  siiaJi  be 
missioners'  clerk,  who  shall  hold  his  office  four  years,  and  until  his  «i"cted. 
successor  is   elected   and   qualified.     In  counties   hereafter  to  be 
organized,  they  shall  be  elected  at  the  first  election  of  county  com- Term  o<"  office, 
missioners,  and  in   like  manner  every  four  years  thereafter.     In 
counties  now  existing  they  shall  be  elected  at  the  periods   and  in 
the  order  of  time  by  law  established. 

Sec.  9.     Each  clerk  so  elected  and  qualified  shall  keep  his  office  piace  of  keeping 
at  the  place  of  holding  court  for  each  county  respectively  ;  and  °^^- 
each  and  every  clerk   before  he  enters  on  the  duties  of  his  office, 
shall  take  an  oath  to  support  the   constitution  of  the  United  States  Oatu  of  office, 
and  of  this   state,  and  the  oath  of  office,  in  open  court,  and  enter 
the  same  on  record,  and  give  a  bond  with  good  securities  to  the 
county  commissioners,  to  be  approved  by  them  for  the  use  of  any 
person  or  persons  injured,  or  for  the  use  of  the  county  if  injured, 
in  the  penal  sum  of  one  thousand  dollars,  conditioned  for  tha  faith- 
ful performance  of  the  duties  of  his  office. 

Sec.   10.     The   county    commissioners'    court   of  any    county,  cierk  ma/ u 
may,  for  misconduct  in  office,  gross  neglect  of  duty,  incompetency,  remoTcd. 
or  other  good  cause  shown,  to  be  entered  upon  the  record  of  their 
said  court,   remove  their  clerk,  whose  office  shall  be  considered 

vacant.  ,  .  .  ,    Clerk  pro  r^m.,  in 

Sec.   11.     Whenever,  by  reason  of  death,  resignation,  reraoval,  case  of  yacancy. 


214  MISCELLANEOUS  PROVISIONS.  [DIV.  6. 

or  any  other  cause,  the  office  of  clerk  shall  beconK!  vacant,  the  court 

may  appoint  a  clerk,  pro  tempore,  who  shall  perform  the  duties  of 

such  office  until  such  vacancy  shall  be  filled. 

Vacancy  how  Sec.  12.     Such  vacaucy  shall  be  filled  in  the  same  manner  as  is 

filled.  provided  in  section  seven  of  this  chapter,  for  filling  vacancies  in 

the  office  of  county  commissioner. 
Clerk  to  deliver        Sec.  13.     Every  clcrk  who  shall  refuse  or  neglect,  after  going 
books  to  sue-       ^^j  ^£  Qg^gg^  tQ  deliver  to  his  successor  in  office,  all  papers,  books, 
moneys,  and  all  and  every  thing  appertaining  to  his  office,  shall 
forfeit  and  pay  any  sum  not  over  five  hundred  dollars,  and  be 
Penalty.  imprisoned  any  time  not  exceeding  thirty  days,  ^t  the  discretion 

of  the  court  before  which  he  may  be  tried :  such  forfeiture  and 
payment  to  be  independent  of,  and  in  nowise  discharging  or  dimin- 
ishing the  obligation  of  his  official  bond. 
Deeds  of  convey      Sec  3  4.     All  dceds,  grants  and  conveyances,  heretofore  made, 
ance,  how  made.  ^^  ^^^^^  ^^^^  ^^  hereafter  made,  and  duly  acknowledged  and 
recorded,  as  other  deeds  conveying  any  lands,  tenements  or  here- 
ditaments, to  any  county  or  the  inhabitants  of  any  county  and  their 
successors,  or  to  the  county  commissioners,  or  to  the  county  com- 
missioners' court,  or  to  the  governoi*,  or  any  other  person  or  per- 
;".^f  sons  by  whatever  form  of  conveyance,  for  the  use  and  benefit  of 

'"  '^  any  county,  shall  be  good  and  valid  to  all  intents  and  purposes,  to 

vest  in  such  county  in  fee  simple  or  otherwise,  all  such  right,  title, 
interest  and  estate  as  the  grantor  or  grantors  in  any  such  deed  or 
conveyance  had  at  the  time  of  the  execution   thereof,  in  the  lands 
conveyed,  and  was  intended  thereby  to  be  conveyed. 
Commissioner  to       Sec.  15.     The  county  commissioners'  court  may,  by  their  order 
ippoiS;e d?''^  "^^  to  be  entered  on  their  minutes,  appoint  a  commissioner  to  sell  and 
dispose  of  any  real  estate  of  their  county,  and  the  deed  of  such 
commissioner,  under  his  proper  hand  and  seal,  for  and  in  behalf  of 
such  county,  duly  acknowledged  and  recorded,  shall  be  sufficient 
to  all  intents   and   purposes,  to  convey  to  the  purchaser  or  pur- 
chasers, all  the  right,  title,  interest  and  estate  whatever,  which  the 
county  may  then  have  in  and  to  the  premises,  so  to  be  conveyed. 
Bonds  for  benefit      Sec.  16.     All  notes,  bonds,  biUs,  Contracts,  covenants,  agree- 
^tiated  for  fonn  ^^^"^8  or  writings  made,  or  to  be   made,  whereby  any  person  or 
persons  is,  are  or  shall  be  bound  to  any  county  or  the  inhabitants 
thereof,  or  the  county   commissioners,  or  county  commissioners* 
court,  or  to  the  governor,  or  any  other  person  or  persons,  in  what- 
ever form,  for  the  payment  of  money,  or  any   debt  or  duty,  or  the 
performance  of  any  matter  or  thing  to  the  use  of  any  county,  shall 
be  a*  valid  and  effectual  to  all  intents  and  purposes,  to  vest  in  the 
said  county  all  the  rights,  interest   and  actions,  which  would  be 
vested  in   any  individual,* if  any    such  contract  had  been  made 
Suits  on,  how      directly   to  him :  suits  may  be  commenced,  sued  and   prosecuted 
prosecuted.         thcreon  in  the  name  of  said  county,  as  is  provided  in  the  first  sec- 
tion of  this  chapter,  or  in  the  name  of  tlie  person  to  whom  they 
are  made,  to  the  use  of  the  county,  as  fully  and  effectually  to  all 
intents  and  purposes,  as  any  person  may  or  can  upon  like  notes, 
bills,  bonds,  contracts,  agreements  or  writings  made  to  him. 


DIV.  6.]  COUNTIES   AND   COUNTY   COMMISSIONERS'    COURTS.  211 


Sec.  17.     The  county  commissioners'  court  may  appoint  an  Agents  for  county 
agent  or  agents,  to  make  any  contract  on  behalf  of  such  county  for  J.j'^' '''-'  "pp"'"'- 
erecting  any  county  building,  or  lor  any  other  purpose  authorized 
by  law.     The  contracts  of   such  agent  or  agents,  duly  executed         , 
for  and  on  behalf  of  such  county,  shall  be  vahd  and  effectual  to 
bind  such  county  to  all  intents  and  purposes. 

Sec.  18.     All  actions,  local  or  transitory,  against  any  county,  Actions  asmnst 
may  be  commenced  and  prosecuted  to  final  judgment  and  execu-  ''i""' uteo'"" 
tion  ki  the  circuit  court  of  the  county  against  which  the  action  is 
brought.     Any  >action,  local  or  transitory,  in   which  any  county 
shall  be  plaintiff,  may  be  commenced  and  prosecuted  to  final  judg- 
ment, in  the  county  in  which  the  defendant  in  such  action  resides. 
When  any  actioii  shall  be  commenced  against  any  county,  a  copy  gernce  of  pro- 
of the  summons  shall  be  left  with  the  clerk  of  the  commissioners'  •=*"**• 
court,  either  during  the  sitting  of  said  court,  or  so  as  a  term  of 
said  court  shall  intervene  between  the  day  of  leaving  a  copy  of 
such  summons  and  the  return  day  thereof.     There  shall  always  be 
ten  days  between  the  service  and  return  of  every  such  summons. 
In  all  actions  brought  by  or  against  every  county,  the  inhabitants 
of  the  county  so  sueing,  or  being  sued,  may  be  jurors  or  witnesses, 
if  otherwise  competent  or  qualihed  according  to  law. 

Sec.  19.     It  shall  be  the  duty  of  the  county  commissioners'  court  Oommigsionew 
of  feach  of  the  counties  of  this  state,  to  take  and  order  suitable 
and  proper  measures  for  the  prosecuting  and  defending  of  all  suits 
to  be  brought  by  or  against  tlaeir  respective  counties. 

Sec.  20.  When  any  judgment  shall  be  rendered  against  any  Judgments 
oounty,  it  shall  be  the  duty  of  the  county  commissioners'  court  to  hlw°paid°"''  '^' 
order  a  warrant  to  be  drawn  on  their  treasurer  for  the  amount  of 
the  judgment  and  costs;  which  warrant  shall  be  paid  as  other 
county  debts.  Nothing  herein  contained  shall  authorize  any  ex- 
ecution to  be  issued  against  lands  or  other  property  of  any  county 
of  this  state. 

Sec.  21.     All  the  counties  of  this  state  or  which  shall  hereafter  jurisdiction  of 
be  erected,  which  are  or  shall  be  bounded,  or  which  may  front  on  g™"''*^ ""  "^* 
either  the  Mississippi  or  Wabash  rivers,  shall  respectively  have 
and  exercise  jurisdiction  upon  such  rivers  so  far  as  the  counties 
shall  respectively  be  bounded  by  the  rivers  afoi-esaid;  which  juris- Cpncnrrent  juris- 
diction  shall  be  exercised  concurrently  by  the  counties  aforesaid, 
with  the  contiguous  states  and  territories  bounded  by  said  rivers, 
so  far  and  to  such  extent  as  the  said  rivers  shall  foi-m  the  boundary 
of  the  counties  aforesaid  respectively ;  and  also  the  boundary  be- 
tween this  state  and  contiguous  states  or  territories. 

Sec.  22.  There  shall  be  four  sessions  of  the  county  commis- ^^^o^^c^^ 
sioners'  court  in  each  county  in  this  state,  to  be  holden  at  the  usual 
place  of  holding  courts,  or  at  the  office  of  the  clerk,  to  commence 
on  the  first  Mondays  of  March,  June,  September  and  December 
of  each  year,  and  continue  six  days,  if  the  business  shall  not  be 
sooner  completed. 

Sec.  23.     Two  commissioners  shall  constitute  a  quonun  to  do  Quorum. 


216 


MISCELLANEOUS  PROVISIONS. 


[div.  6. 


Want  of  quorum, 


Special  terras 
may  be  called. 


Jurisdiction  of 
court. 


Issue  writs. 


To  procure 
county  seals 


Judicial  seal 


Style  of  process. 


May  enforce 
wilts. 


Jurisdiction 
limited  and 
restricted. 


business.  Should  a  quorum  not  meet  at  any  stated  meeting  of  the 
said  coux-t,  then  the  said  court  shall  be  considered  to  be  continued 
by  law  from  day  to  day,  if  necessary,  until  four  of  the  clock  in  the 
afternoon  of  the  second  day,  and  then  if  a  quorum  be  not  present 
for  said  court,  the  business  therein  to  stand  continued  to  the  next 
court  in  course. 

Sec.  24.  Should  it  be  necessary  to  have  a  called  court  on  any 
urgent  business,  then  any  one  of  the  county  commissioners  shall 
have  power  to  call  said  court,  on  giving  the  other  two  commission- 
ers five  days'  previous  notice,  and  the  clerk,  before  said  special  term 
of  said  court.  Said  special  court  shall  have  the  same  power  and 
authority  as  when  holding  a  stated  court. 

Sec.  25.  The  said  courts  shall  have  jurisdiction  throughout 
their  respective  counties  in  all  matters  and  things  concerning  the 
county  revenue,  and  regulating  and  imposing  the  county  tax,  and 
shall  have  power  to  grant  licenses  for  ferries  and  for  taverns,  and 
all  other  licenses  and  things  that  may  bring  in  a  county  revenue ; 
and  shall  have  jui-isdiction  in  all  cases  of  public  roads,  canals,  turn- 
pike roads  and  toll  bridges,  where  the  law  does  not  prohibit  the 
said  jurisdiction  of  said  courts;  and  shall  have  power  and  juris- 
diction to  issue  all  kinds  of  writs,  warrants,  process  and  proceed- 
ings by  the  clerk,  throughout  the  state,  which  are  necessary  to  the 
execution  of  the  power  and  jurisdiction  with  which  such  courts  are 
or  may  be  vested  by  law. 

Sec.  26.  It  shall  be  the  duty  of  the  county  commissioners  in 
each  county,  as  soon  as  practicable,  to  cause  to  be  procured,  all  the 
necessary  official  seals  that  may  be  requisite  in  their  respective 
counties ;  and  they  shall  be,  and  are  hereby  authorized  to  draw  on 
the  county  treasurer  for  the  expense  of  any  such  seal  or  seals, 
w4iich  shall  be  paid  for  in  the  same  manner  as  other  county  debts 
are  paid. 

Sec.  27.  The  said  court  of  each  county  shall  have  a  judicial 
seal;  and  all  warrants,  writs,  process  and  proceedings  to  be  issued 
by  said  court,  shall  be  sealed  with  said  seal,  bearing  date  the  time 
they  issue,  and  be  signed  by  the  clerk  of  said  court.  All  such 
process  shall  run  "  I?i  the  name  of  the  people  of  the  state  of  Illinois" 
and  may  be  executed  and  returned  as  other  process,  by  the  sheriff 
or  any  constable  of  the  county. 

Sec.  28.  The  said  court  of  each  county  respectively,  shall  have 
power  and  jurisdiction  to  compel  and  enforce  by  writ  or  writs  of 
attachment,  or  other  process,  the  orders,  decrees  or  judgments  of 
said  courts  respectively. 

Sec.  29.  There  shall  be  nothing  contained  or  construed  in  this 
chapter,  to  give  the  said  court  any  original  or  appellate  jurisdiction 
in  civil  or  criminal  suits  or  actions,  wherein  the  state  is  a  party,  or 
any  individual  or  individuals,  bodies  politic  or  corporate,  are  par- 
ties; but  said  court  shall  have  jurisdiction  in  all  cases  where  the 
matter  or  thing  brought  before  the  said  court  relates  to  tlie  pubuc 
concerns  of  the  county  collectively,  and  all  county  •uusiuessi  and 


DIV.  6.]  COUNTIES   AND   COUNTY   COMMISSIONERS'   COURTS.  217 

the  said  court  shall  have  power  to  punish  for  contempt,  as  other  May  puuish  for 
courts  may  do,  and  have  all  the  power  necessary  to  the  right  exer-  **"'**'"i'''- 
cise  of  the  jurisdiction  with  which  said  court  is  or  may  be  vested 
according  to  law ;  and  the  clerks  of  said  courts  respectively,  shall 
have  the  same  fees,  emoluments  and  perquisites  of  office,  as  are 
given  to  the  other  clerks  of  courts  of  this  state  by  law,  for  the  like 
services,  or  as  may  be  given  tliem  by  law. 

Sec.  30.  It  shall  be  the  duty  of  justices  of  the  peace,  and  of  all  Justices  and 
other  otficers,  to  account  for,  and  pay  over  to  the  county  comniis-  toconmmsioners. 
sioners'  court  of  the  county  within  which  such  officer  shall  reside, 
at  or  before  the  December  term  of  the  said  court,  in  each  and 
every  year,  all  sums  of  money  recovered  by  fine,  penalty  or  other- 
wise, Avhich  by  law  is  required  to  be  paid  into  the  treasury  of  the 
several  counties  in  the  same  kind  of  funds  received  by  them. 

Sec.  31.     Any  officer  failing  to  comply  with  the  foregoing  sec- Penalty  for  faii- 
tion,  shall  forfeit  and  pay  the  sum  of  seventy-five  dollars,  with  any  "^  pay'^ov"" 
money  by  him  not  accounted  for  and  paid  over  as  aforesaid,  to  be  J"oney. 
recovered  by  motion  before  the  circuit  court  of  the  county  wherein 
default  is  made,  for  the  use  of  said  county,  together  with  the  costs 
of  said  motion :  provided,  that  the  officer  against  whom  the  motion 
is  made  shall  have  notice  thereof  at  least  ten  days  before  the  first 
day  of  the  terra  at  which  such  motion  is  made. 

Sec.  32.     There  shall  be  allowed  to  each  county  commissioner  Compensadon 
in  full  for  his  services  for  eacli  day's  attendance  in  holding  courts,  of couunissioners 
the  sum  of  one  dollar  and  fifty  cents,  to  be  paid  on  the  certificate 
of  the  clerk,  out  of  any  moneys  in  the  treasury  of  the  count}^,  not 
otherwise  appropriated. 

Sec.  33.     That  commissioner  who  shall  be  oldest  in  commission  presiding  com- 
shall  preside  at  all  meetings  of  the  court.  missioner. 

Sec.  34.     It  shall  be   the  duty  of  the  county  commissioners'  Commissioners  to 
courts,  in  their  respective  counties,  to  prepare  or  cause  to  be  erected,  "^r^'*  J"^- 
when,  in  the  opinion  of  said  court,  the  means  of  the   county  are 
such  as  to  justify  it,  and  where  they  have  not  heretofore  done  so, 
strong  and  substantial  jails,  so  that  prisoners  may  be  confined  there- 
in with  safety;  and  the  said  commissioners  are  hereby  expressly 
charged  with  the  faitliful   execution  of  this  law,  and   they  shall 
make  report  thereof  respectively,  to  the  circuit  court,  at  the  next  To  report  to 
term  in  the  county  after  the  same  shall  have  been  done,  and  said  •^"*"'*  "'"^• 
report  shall  be  entered  upon  the  records  of  the  said  circuit  court. 

Sec.  35.     It  shall  also  be  the  duty  of  the  said  county  commis- To  erect  court 
sioners,  in  each  county,  to  cause  to  be  erected,  when,  in  the  opinion  ^o"^- 
of  said  court,  the  means  of  the  county  are  such  as  to  justify  it,  a 
suitable  court  house  in  each  of  their  respective  counties ;  and  they  contract  to  ei«^ 
shall  have  power  to  enter  into  contracts  from  time  to  time.  with<=o'^*^<^'*^- 
any  person  or  persons,  in  behalf  of  the  county,  for  the  erection  of 
such  court  houses,  or  finishing  any  court  house  already  begun,  at 
any  regular  term  of  their  court,  or  at  any  special  term  they  may 
appoint. 


Sec.  36.     The  county  commissioners'  courts  in  each   county,  J^V^j^^*** 


conn* 

CO. 


218 


MISCELLANEOUS   PROVISIONS. 


[div.  6. 


May  lease  rooms 
in  court  house 
not  occupied  by 
•fficers. 


Custody  of  court 
bouse. 


County  lines. 


Size  of  counties. 


Statement  of  fis- 
cal concerns  of 
county. 


Clerk  to  post 
Statement. 


Penalty. 


Appeals  allowed. 


ProTiso. 


Appeal  IxHid. 


shall  have  power  to  contract  for  and  procure,  for  the  use  of  their 
respective  counties,  whenever  it  shall  become  necessary,  any  lot  or 
lots  of  land,  whereon  to  erect  such  county  buildings,  and  obtain 
deeds  of  conveyance  to  such  counties,  and  to  seU  and  convey  the 
same  when  it  shall  become  necessary,  to  any  purchaser  or  pur- 
chasers, in  the  manner  prescribed  by  law. 

Sec.  37.  The  county  commissioners'  courts  of  any  county  in 
this  state  are  hereby  authorized  to  lease  such  vacant  room  or  rooms 
as  offices,  as  may  be  in  the  court  house  of  said  counties  and  not 
occupied  by  and  furnished  for  the  sheriff,  clerk  of  the  circuit  court, 
clerk  of  the  county  commissioners'  court,  and  probate  justice  of  the 
peace  of  said  counties,  for  any  term  not  exceeding  one  year,  and 
for  such  rent  or  rents  as  they  may  think  right  and  proper. 

Sec  38.  The  county  commissioners  of  said  counties  shall  have 
the  care  and  custody  of  said  court  houses  ;  any  law  or  usage  to 
the  contrary  notwithstanding. 

Sec.  39.  Hereafter,  in  all  cases  of  division  of  any  county  in 
this  state,  by  petition  or  otherwise,  it  shall  not  be  lawfiil  to  eslabhsh 
any  boundary  line  within  less  than  ten  miles  of  the  seat  of  justice 
of  the  county  to  be  divided. 

Sec.  40.  Hereafter  no  county  in  this  state  shall  be  curtailed 
in  its  limits  so  as  to  reduce  the  territory  to  less  than  four  hundred 
square  miles,  nor  shall  any  county  be  created  hereafter,  the  terri- 
tory of  which  shall  contain  less  than  four  hundred  square  miles. 

Sec.  41.  It  shall  be  the  duty  of  the  commissioners'  court  of 
each  county  to  cause  a  complete  statement  in  writing  of  the  fiscal 
concerns  of  the  county  to  be  made  out  at  their  March  term,  annu- 
ally, which  shall  specify  the  amount  of  money  paid  out  of  the 
county  treasury  during  the  preceding  year,  to  whom  paid,  and  for 
what  purposes ;  and  likewise  the  amount  of  the  county  orders 
issued  and  unredeemed  during  the  same  year ;  and  the  clerk  of 
said  court  shall  keep  said  statement  posted  up  in  his  office  for  the 
period  of  one  month  at  least,  from  the  end  of  said  term ;  and  for 
failing  to  perform  this  duty,  he  shall  pay  a  fine  of  ten  dollars. 
Each  county  commissioner  who  shall  neglect  to  cause  such  state- 
ment to  be  made  out,  shall  also  pay  a  fine  of  ten  dollars,  to  ha 
recovered  by  action  of  debt,  at  the  suit  of  any  individual,  before 
any  justice  of  the  peace  of  the  county ;  one-half  for  the  use  of  the 
county,  and  the  other  half  with  costs  of  suit,  for  the  use  of  the 
person  so  sueing. 

Sec.  42.  Any  par  ^-  to  a  proceeding  had  before  any  county 
commissioners'  court,  who  may  feel  aggrieved  by  the  final  decision, 
judgment  or  order  of  such  court,  shall  be  allowed  to  appeal  to  the 
circuit  court  of  the  county  in  which  the  decision,  judgment  or  order 
may  have  been  made :  provided,  the  appeal  be  prayed  during  the 
term  of  the  court  at  which  the  decision,  judgment  or  order  may  be 
rendered:  and,  provided  further,  that  the  party  praying  appeals 
shall  be  required  to  execute  bond,  with  good  security,  to  be  approved 
by  the  court,  payable  to  such  person,  and  with  such  conditions  as 
the  court  shall  require ;  and  after  the  execution  of  the  appeal 


DIV.  6.]  COUNTIES    AND    COUNTY   COMMISSIONERS*    COURTS.  219 

bond,  the  clerk  of  the  commissioners'  court  shall  file  with  the  clerk 
of  the  circuit  court,  a  full  and  complete  transcript  of  the  record  TranBcript  of 
and  proceedings  of  the  court,  together  wath  the  appeal  bond,  and 
all  original  papers  relating  to  the  case  ;  and  the  clerk  of  the  circuit 
court  shall  thereupon  issue  a  summons  against  all  parties  interested  Appeal  summons. 
in  the  decision,  judgment  or  order  appealed  from,  as  in  cases  of 
appeals  from  judgments  of  justices  of  the  peace,  and  if  a  county 
be  interested,  the  summons  shall  issue  against  the  county  commis- 
sioners of  such  county. 

Skc.  43.  The  circuit  courts  shall  have  jurisdiction  to  hear  and  jurisdiction  of 
determine  all  such  appeals,  and  shall  give  such  judgment  in  respect  V*"^"'' '^""^"* 
to  the  rights  of  the  parties,  as  the  commissioners'  court  should  have 
given,  and  shall  have  power  to  make  all  such  orders,  and  to  issue 
all  such  process  and  notices  as  may  be  necessary  to  bring  all  per- 
sons interested  before  the  court ;  and  on  the  trial  of  such  appeals, 
the  court  shall  proceed  in  all  respects  as  is  or  may  be  required  in 
the  trial  of  other  appeal  cases  in  said  court ;  and  the  judgment  of 
the  court  in  the  premises,  shall  be  final  and  conclusive  upon  the 
parties,  unless  an  appeal  be  taken  to  the  supreme  court.     The  said  Appeal  to  su- 

^  prciiic  court. 

circuit  court  shall  also  have  power  to  remand  all  such  cases  to  the 
county  commissioners'  court,  with  directions  to  carry  into  effect,  so 
far  as  relates  to  rights  of  parties,  the  judgment  of  said  court :  pro-  Proviao. 
vided,  that  in  cases  so  remanded,  the  circuit  court  shall  make  out 
and  deliver  a  written  opinion  to  be  entered  of  record,  and  trans- 
mitted to  the  county  commissioners'  court. 

Sec.  44.     The  county  commissioners'  cousts  of  the  several  coun- rpb  proof  re- 
ties  in  this  state,  are  hereby  authorized  and  required,  whenever  the  <=°raer'8  office, 
finances  of  any  county  in  this  state  shall  justify  such  expenditure, 
to  cause  to  be  erected  a  fire   proof  recorder's  office,  on  some  suit- 
able lot  at  their  respective   county  seats,  and  pay  for  the  same  in 
the  sami  manner  as  court  houses  and  jails  are  paid  for :  provided,  Proyiso. 
that  if  the  county  commissioners'  court  of  any  county  as  aforesaid 
shall  be  of  opinion  that  any  one  of  the  rooms  unappropriated  in  their 
court  houses  respectively  can   be  made  fire  proof,  they  shall  be 
required  and  authorized  as  aforesaid  to  cause  such  improvements 
or  additions  to  be  made  to  any  such  room  as  will  render  the  same 
fire  proof ;  in  which  said  fire  proof  buildings  or  room,  the  records 
and  office  of  county  recorder  shall  be  kept. 

Sf.c.  45.     The  provisions  of  the  foregoing  section  may,  at  the  other  clerk's 
discretion  of  the  county  commissioners'  court  of  any  county  in  this  offices, 
state,  be  deemed  to   apply  to  the  ofiices  of  clerks  of  the  county 
commissioners'  and  circuit  courts,  respectively. 

Sec.  46.  In  all  cases  when  orders  for  money  are  issued  by  the  County  orders  t« 
clerk  of  any  county  commissioners'  court,  in  any  county  of  this  ^<=oun  ersignea. 
state,  upon  the  treasurer  of  such  county,  the  said  orders,  before 
they  are  delivered  to  the  person  or  persons  for  whose  benefit  the 
same  is  or  are  drawn,  shall  be  severally  presented  by  the  clerk  to 
the  said  treasurer,  who  shall  personally  countersign  the  same ;  and 
shall  also  enter  in  a  book,  to  be  kept  for  that  purpose,  the  date. 


220  MISCELLANEOUS   PROVISIONS.  [bIV.  6. 

amount  and  number  of  each  of  said  orders,  and  the  name  or  names 
of  the  person  or  persons  in  whose  favor  such  orders  are  drawn 
respectively. 
Blanks  fiUed  be-      Sec.  47.     No  countj  treasurer  shall  countersign  any  county 
rigned'""'*'^"       order  before  the  same  is  filled  up,  nor  until  he  shall  examine  the 
recoi'ds  of  the  court,  and  be  satisfied  that  the  order  to  be  issued  is 
warranted  by  the  order  of  the  county  commissioners'  court. 
Approved  March  3,  184:5. 


Au  Act  authorizing  County  Commissioners'  Courts  to  provide  for  the  safe 
keeping  and  preserving  all  the  Public  Records  belonging  to  said  Counties^ 

Fire  proof  build-       SECTION  1.     Be  it  enacted  hy  the  people  of  the  State  of  Illinois, 
ings  for  records,  represented  in  the  General  Assembly,  That  the  respective  county 
commissioners'  courts  of  this  state  be,  and  they  are  hereby  author- 
ized to  erect,  build  and  provide  permanent  fire-proof  rooms,  houses 
or  vaults,  for  the  purpose  of  placing  therein  and  preserving  from 
injury,  damage,  loss  or  destruction  by  fire,  the  records  and  docu- 
ments of  their  respectiVe  counties. 
Approved  March  3,  1845. 
[Amendatort  to  Chapter  2*7  of  the  Revised  Statutes.] 

An  Act  to  encourage  the  Apprehension  of  Horse  Thievea. 

He-ward  may  be        SECTION  1.     Be  it  enacted  hy  the  people  of  the  State  of  Illinois, 
to>ves.^°'  ^°^^  represented  in  the  General  Assembly,  That  it  shall  be  lawful  for 
the  county  commissioners'  courts  of  the  several  counties  in  this 
state,  by  an  order  to  be  entered  upon  their  records,  to  fix  upon  a 
sura,  not  exceeding  fifty  dollars,  as  a  reward  to  be  paid  to  any  per- 
son or  persons  who  shall  hereafter  pursue  and  apprehend,  beyond 
the  limits  of  the  county  where  the  offence  shall  have  been  comnait- 
ted,  any  person  guilty  of  stealing  any  horse,  mare  or  mule ;  which 
reward  shall  be  paid,  on  conviction  of  the  thief,  by  the  county  in 
which  the  offence  was  committed :  provided,  that  said  reward  shall 
not  disqualify  the  person  entitled  thereto  from  being  a  witness. 
Approved  February  26,  1845. 
[Amendatory  to  Chapter  27  of  the  Revised  Statutes.] 

An  Act  to  provide  for  the  Apprehension  of  Fugitives  from  Justice. 

f 

(61.)  Sec.  I.  Be  it  enacted  by  the  people  of  the  State  of  Illi- 
nois, represented  in  the  General  Assembly,  That  it  shall  be  lawful 
for  the  county  commissioners'  courts  of  the  several  counties  in  this 
state,  by  an  order  to  be  entered  upon  their  records,  to  fix  upon  a 
sum  not  exceeding  one  hundred  dollars,  as  a  reward  to  be  paid  to 
any  person  who  shall  hereafter  pursue  and  apprehend,  beyond  the 
limits  of  the  county  where  the  offence  shall  have  been  committed, 
any  person  guilty  of  any  felony  or  other  high  crime,  which  reward 
shall  be  paid  by  the  county  where  the  offence  was  committed,  on 


DIV.  6.]  COUNTY   COURTS.  221 

the  conviction  of  the  criminal :  provided,  nevertheless,  that  said 
reward  shall  not  disqualify  the  person  entitled  thereto  from  being  a 
witness. 

(62.)  Sec.  II.  It  shall  be  lawful  for  the  county  commissioners' 
courts  of  the  several  counties  in  this  state,  to  enter  an  order  upon 
their  records,  allowing  to  any  person  or  persons,  who  shall  have 
aided  or  assisted  in  the  pursuit  or  arrest  of  any  person  or  persons 
suspected  or  accused  of  any  felony,  or  other  high  crime,  committed 
in  their  county,  such  reasonable  sum  as  said  county  commissioners 
shall  deem  just,  to  defray  the  expenses  of  the  person  or  persons  in 
aiding  or  assisting  in  the  pursuit  or  arrest  of  such  offender  or 
offenders,  in  making  such  pursuit  or  arrest ;  which  sum  so  allowed, 
shall  be  paid  out  of  the  county  treasury,  in  the  same  manner  that 
other  county  expenses  are  paid 

Approved  February  27,  1847. 

COUNTY   COURTS. 

An  Act  conferring  additional  powers  and  jurisdiction  on  the  County  Courts.  In  force  Fcbrust- 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois,  Additioanipoyf- 
represBnted  in  the  General  Assembly,  That  in  addition  to  the  powers  ^'■'*- 
and  jurisdiction  vested  in  the  county  courts  by  the  thirteenth  section 
of  the  act  entitled  an  act  establishing  county  courts  and  providing 
for  the  election  of  justices  of  the  peace  and  constables,  and  for 
other  purposes,  in  all  counties  wherein  township  organization  has 
been  or  may  hereafter  be  adopted  and  in  force,  the  said  court  shall 
have  power  to  issue  writs  of  ad  quod  damnum,  and  is  hereljy 
vested  with  jurisdiction  over  all  proceedings  had  therein  ;  which 
proceedings  shall  be  had  in  manner  and  form  and  in  accordance 
with  the  provisions  of  the  seventy -first  chapter  of  the  Revised  Stat- 
utes of  1845,  and  the  orders  and  judgments  of  said  court  therein 
made  shall  have  the  same  force  and  effect  as  the  orders  and  judg- 
ments of  the  county  courts  in  like  cases  in  counties  where  town- 
ship organization  has  not  been  adopted. 

§  2.     Said  writ  may  be  issued  and  proceedings  had  at  any  regu-  writ  issued 
lar  term  of  said  court  holden  for  probate  or  county  purposes. 

§  3.     Tliis  act  to  take  effect  from  and  after  its  passage. 

Approved  February  11,  1853. 

An  Act  to  amend  an  act  entitled  "An  Act  establishing  County  Courts,  and 
providing  for  the  election  of  Justices  of  the  Peace,  and  Constables,  and 
for  other  purposes." 

Section  1.     Be  it  enacted  hy  the  People  of  the  State  of  Illinois,  Terms  of  tba 
represented   in    the    General   Assembly,    That   in   all   counties    in  co^'^'y  <^°"'^- 
this  state  which   have   adopted  or  shall  hereafter  adopt  township 
organization,   the   December,  March,  June  and  September  terms 
of  the  county  courts  shall  commence  on  the  first  Mondays  of  said 
months  respectively. 

Approved  February  15;,  1855. 


222 


MISCELLANEOUS   PKOVISIONS. 


[DIV.  6. 


Election  of  coun- 
ty treasurer. 


Oath  of  office. 


Form  of  oath. 


To  give  bond. 


Form  of  bond. 


COUNTY   TREASUREBS    AND    COUNTY   FUNDS. 
CFrom  chapter  28  of  the  Revised  Statutes. ) 

Section  1.  There  shall  be  elected  in  each  county  of  this  state, 
a  county  treasurer,  who  shall  hold  his  office  four  years  and  until 
his  successor  is  elected  and  qualified.  In  counties  hereafter  to  be 
organized,  they  shall  be  elected  at  the  first  election  of  county  com- 
missioners, and  in  like  manner  every  four  years  thereafter.  In 
counties  now  existing,  they  shall  be  elected  at  the  periods  and  in 
the  order  of  time  by  law  established. 

Sec.  2.  Each  county  treasurer,  previous  to  entering  on  the 
duties  of  his  office,  shall  take  and  subscribe  the  following  oath,  to 
wit: 


"I,  A.  B.,  treasurer  of  the  county  of  ■ 


-,  in  the  State  of  Illinois,  do 


TKOsuier  tokeep 
book. 


solemnly  swear,  (or  affirm)  that  I  will  honestly  and  faithfully  pay  over  to  the 
proper  officers  and  individuals  authorized  by  law  to  receive  the  same,  any 
and  all  current  money,  and  other  funds  that  may  come  into  my  possession  by 

virtue  of  my  office  as  treasurer  of,  the  county  of ,  and  that  I  will  not, 

directly  or  indirectly,  exchange,  lend  or  use  any  portion  thereof,  for  the  pur- 
pose of  speculation,  or  will  I  appropriate  or  apply  any  portion  thereof,  tp  my 
own  use  or  benefit,  or  for  the  use  or  benefit  of  another,  and  that  I  will  faith- 
fully and  impartially,  and  to  the  best  of  my  skill  and  judgment,  perform  the 

duties  required  of  me  by  law  as  treasurer  of  the  county  of .      A.  B. 

Sworn  to  and  subscribed  before  me  this  — day  of ,  18 — . 

C.  D.,  Justice  of  the  peace  for county." 

Sec.  3.  Each  county  treasurer,  before  he  enters  upon  the  duties 
of  his  office,  shall  also  execute  a  bond,  in  such  penalty  and  with 
such  security  as  the  county  commissioners  shall  deem  sufficient ; 
which  bond  shall  be  in  substance  in  the  following  form,  to  wit : 

"  Know  all  men  by  these  presents,  that  we,  A.  B.,  principal,  and  C.  D.,  and 

E.  r.,  securities,  all  of  the  county  of and  state  of  Illinois,  are  held  and 

firmly  bound  to  the  people  of  the  state  of  Illinois,  in  the  penal  sum  of 

dollars,  for  the  payment  of  which  well  and  truly  to  be  made,  we  bind  ourselves, 
each  of  us,  our  heirs,  executors  and  administrators,  firmly  by  these  presents : 

signed  with  our  hands,  and  sealed  with  our  seals.     Dated  at  ,  the  — 

day  of ,  18.     The  condition  of  the  above  bond  is  such,  that  if  the  above 

bounden  A.  B.  shall  perform  all  the  duties  required  bylaw  to  be  performed  by 
him,  as  treasurer  of  the  said  county  of in  the  time  and  manner  pre- 
scribed by  law ;  and  when  he  shall  be  succeeded  in  office,  shall  surrender  and 
deliver  over  to  his  successor  in  office,  all  books,  papers,  moneys  and  other 
things  belonging  to  said  county,  and  appertaining  to  his  said  office,  then  the 
above  bond  to  be  void,  otherwise  to  remain  in  full  force. 

Signed,  sealed,  and  delivered  )  n"  T^''  r 

°  en     TT  )»  f  C.   D.,      SEAL. 

m  presence  of  G.H.'  f  E.  R,  [seal.] 

Src.  4.  The  county  treasurers  of  the  several  counties  in  this 
state,  shall  each  of  them  keep  a  book,  in  which  they  shall  keep  a 
regular,  just  and  true  account  of  all  moneys  and  revenues  received 
by  them  respectively,  stating  therein  particularly  in  what  kind  of 
funds  each  particular  sum  was  received,  whether  in  gold,  silver, 
county  orders  or  any  other  funds  authorized  to  be  received  as  rev- 
enue, by  the  laws  of  this  state.  They  shall  also  keep  a  regular, 
just,  and  true  account  of  the  time  when,  of  whom,  and  on  what 


DIV.  6. J       COUNTY  TREASURERS  AND  COUNTY  FUNDS.        -   223 

account  each  particular  sum  in  mon^,  or  other  funds,  may  have 
been  received  by  them. 

Sec.  5.  They  shall  also  keep  a  regular,  just  and  true  account  Account  of  fumi 
of  all  moneys  and  funds  paid  out  by  them  agreeably  to  law,  stating  P"''^"'''- 
therein  particularly  on  what  account  each  particular  sum  was  paid 
out,  to  whom  paid,  the  particular  kind  of  money  or  funds  paid  out 
to  each  individual,  and  the  time  when  such  payment  was  made. 
The  books  and  accounts  aforesaid  to  be  free  for  the  inspection  of 
any  individual  who  may  wish  to  examine  the  same. 

Sec.  6.     No  money,  county  orders  or  other   funds   shall  here- Pay  out  on  or- 
after  be  paid  out  of  any  county  treasury  in   this   state,  except  in  '^*'''»  ^niy 
accordance  with  an  order   or  decree  of  the  county  commissioners' 
courts  respectively,  or  by  virtue  of  a  law  specifically  directing  such 
payment  to  be  made. 

Sec.  7.     It  shall  be  the  duty  of  the  treasurers' of  each  and  every  to  make  report, 
county  to  report  to   the  county  commissioners'  courts  of  their  re- 
spective counties,  at  the  regular  terms  of  said  courts,  the  amount 
of  money,  county  orders,  or  other  public  funds,  in  their  possession; 
also,  the  amount  of  money,  county  orders  and  other  public  funds 
received  by  them  since  their  last  reports.     They  shall  also  state  in  what  report ehau 
said  reports,  the  amount  they  may  have  received  from  each  and  **"'*• 
every  source  of  revenue,  by  whom,  on  what  account,  in  what  kind 
of  funds,  and  at  what  time  the  same  may  have  been  paid  into  the 
treasury.     The  said  treasurers  shall  also  report  to  the  county  com- 
missioners' courts  of  their  respective  counties,  at  the  regular  terms 
of  said  courts,  regular,  just  and  true  accounts  of  all  payments  out 
of  the  treasury,  stating  particularly  at  what  time,  on  what  account, 
in  what  kind  of  funds,  and  to  whom  each  particular  sum  was  paid 
out. 

Sec.  8.     The  clerks  of  the  county  commissioners'  courts  of  the  Reports  to  t* 
several  counties  in  this   state   respectively,  shall  number,  file,  and  ^''^• 
carefully  preserve   the  reports  mentioned  in  the  eighth  section  of 
this  chapter  and  the  said  reports  shall  be  free  for  the  inspection  of 
any  individual  who  may  wish  to  examine  the  same. 

Sec.  9.  No  clerk  of  any  county  commissioner's  court  in  this 
state  shall  receive  any  money  claimed  by  or  due  to  either  of  the 
counties  of  this  state,  from  any  source  whatever,  whether  on  account 
of  revenue,  costs  or  fines,  or  from  merchants,  grocers,  tavernkeep- 
ers,  showmen,  peddlers,  or  ferry  licenses,  or  from  any  other  source 
whatever. 

Sec.  10.     No  claim  of  any  county,  whether  for  revenue,  costs  ah  moneys  paid 
or  fines,  or  for   merchants,  grocers,  tavemkeepers,  showmen,  ped-  "^^" 

dlers  or  ferry  hcenses,  or  from  any  other  source  whatever,  shall  be 
considered  as  having  been  paid  and  satisfied  until  the  money  or 
other  funds  shall  have  been  paid  to  the  treasurer  of  such  county, 
and  his  duplicate  receipts  had  therefor,  which  receipts  shall  specify 
the  kind  of  money  or  other  funds  in  which  the  payments  shall  have 
been  made;  one  of  which  receipts  shall  be  presented  to  the  clerk 
of  the   county  commissioners'  court  of  the  proper  county,  which 


224 


MISCELLANEODS    PROVISIONS. 


[div.  6. 


said  clerk  shall  number,  file  and  carefully  preserve  the  same  in  his 
office,  which  aforesaid  duplicate  receipts,  it  shall  be  the  duty  of  the 
treasurer  to  give  to  any  person  who  shall  pay  into  the  county 
treasury  any  money  or  other  funds  as  aforesaid. 

Sec.  11.  The  county  commissioners'  court  of  each  and  every 
county  in  this  state  shall,  at  their  June  and  December  terms  in 
each  year,  settle  with  their  county  treasurer,  and  count  the  funds 
then  in  the  treasury  of  their  county;  and  the  clerk  of  said  court 
shall  then  enter  on  the  records  of  said  court  the  amount  and  kind 
of  funds  found  to  be  in  the  treasury  at  the  time. 

Sec.  12.  Should  the  treasurer,  at  any  such  settlement,  prove  a 
defaulter,  and  be  actually  in  arrears  with  the  county,  the  county 
commissioners  shall  immediately  dismiss  him  from  office,  and  com- 
mence suit  against  him  on  his  official  bond. 

Sec.  13.     If  any  state  or  county  officer,  school  commissioner,  or 


Settlement  of 
treasurer. 


If  defaulter. 


Embezzlement  of 
public  funds  de- 
cisired  felony. 


Punishment. 


Statement  to  be 
published. 


any  other  person  charged  by  law  with  having  the  possession  and 
the  safe-keeping  of  any  public  money,  auditor's  warrants,  county 
orders  or  other  funds  belonging  to  the  state,  or  to  any  county  in  the 
state,  or  in  any  way  pertaining  to  the  school  funds  or  any  county 
or  township  therein,  shall  convert  to  his  own  use,  in  any  way  what- 
ever, or  shall  use,  by  way  of  investment  in  any  kind  of  property 
or  merchandize,  or  for  his  own  use  shall  loan,  with  or  without  in- 
terest, any  portion  of  the  public  moneys,  auditor's  warrants,  county 
orders,  or  any  other  funds  intrusted  to  him  for  safe  keeping,  dis- 
bursement, transfer  or  for  any  other  purpose,  every  such  act  shall 
be  deemed  and  adjudged  an  embezzlement  of  so  much  of  said 
moneys,  auditor's  warrants,  county  orders  or  other  funds,  as  shall 
be  thus  taken,  converted,  invested,  used  or  loaned,  which  is  hereby 
declared  to  be  a  felony.  Any  officer  of  the  state,  or  of  any  county, 
or  of  any  township,  and  all  persons  advising  or  participating  in 
such  act,  being  convicted  thereof  before  any  court  of  this  state  of 
competent  jurisdiction,  shall,  in  case  the  sum  so  embezzled,  taken, 
converted,  invested,  used  or  loaned,  be  less  than  fifty  dollars,  be 
fined  in  a  sum  not  exceeding  two  hundred  dollars,  or  imprisoned 
in  the  jail  of  the  proper  county  not  exceeding  three  months,  or 
both,  at  the  discretion  of  the  court  before  which  such  conviction  ti 
shall  be  had;  and  in  case  the  sum  so  embezzled,  taken,  converted, 
invested,  used  or  loaned,  shall  exceed  fifty  dollars,  then  the  said 
officer  or  other  person  so  convicted,  shall  be  fined  in  a  sum  double 
the  amount  of  the  sum  so  embezzled,  taken,  converted,  invested, 
used  or  loaned,  and  confined  in  the  penitentiary  not  exceeding  ten 
years,  nor  less  than  one  year:  provided,  however,  that  this  chapter 
shall  not  be  so  construed  as  to  extend  to  any  public  officer  or  agent 
who  shall  loan  any  school  or  other  fund  in  pursuance  of  any  of  the 
laws  of  this  state. 

Sec.  14.  The  county  commissioners'  courts  of  this  state  shall 
publish  annually  at  their  June  terms,  in  a  newspaper,  if  one  is 
printed  in  the  county,  a  full  and  perfect  statement  of  the  financial 
affairs  of  their  respective  counties,  and  if  a  newspaper  is  not  pub- 


i 


DIV.  6.]      COUNTY  TREASURERS  AND  COUNTY  FUNDS.  225 

lished  in  said  county,  then  the  clerks  of  said  courts  shall  post  the 
same  up  in  their  respective  offices,  -which  shall  be  kept  there  for 
the  inspection  of  all  persons,  at  all  seasonable  hours,  who  may 
desire  to  examine  the  same. 

Sec.  15.  The  county  commissioners' court  of  any  county  in  settlement  may 
this  state  may  at  any  time  when  any  two  of  them  think  it  for  the  ^^ ''*"*'^ '^^'^' 
interests  of  the  people  of  their  county  so  to  do,  call  through  their 
clerk  upon  the  treasurer  of  their  county  for  a  settlement,  and  should 
said  treasurer  neglect  or  refuse  to  appear  and  make  settlement  as 
notified  to  do,  said  commissioners  shall  declare  his  office  vacant,  and 
proceed  upon  his  bond  as  required  to  do  in  this  chapter. 

Sec.  16.  Should  the  county  commissioners' court  of  any  county  Depreciated 
in  this  state  be  of  opinion  that  the  treasurer  of  their  county  has  at  ^^'^'^■ 
any  time  used  the  funds  of  said  county  when  curx'ent,  and  replaced 
the  same  in  depreciated  funds,  they  shall  have  the  power  to  ex- 
anahie  said  treasurer  under  oath  as  touching  said  transaction,  and 
if  it  shall  appear  that  he  has  parted  with  any  current  funds  belong- 
ing to  the  county,  and  replaced  the  same  with  funds  less  valuable, 
they  shall  immediately  dismiss  him  from  office. 

Sec.  17.  Should  any  county  treasurer  be  dismissed  from  office  vacancy  how 
pursuant  to  the  provisions  of  this  chapter,  it  shall  be  the  duty  of 
the  county  commissioners'  court  to  appoint  some  suitable  person  to 
fill  the  vacancy  so  occasioned,  and  the  person  so  appointed,  shall 
give  bond  and  security  as  now  required  by  law  of  county  treasur- 
ers, and  shall  perform  all  the  duties  enjoined  upon  the  county 
treasurer  until  one  is  elected  and  qualified. 

Sec.  18.  If  any  clerk,  county  commissioner  or  treasurer  of  any  Penalty  for  neg- 
county  in  this  state,  shall  neglect  or  refuse  to  perform  any  of  the  '^  °  "  ^ 
duties  required  of  them  by  this  chapter,  they  shall  severally  forfeit 
a  sum  of  not  less  than  fifty  dollars,  and  not  exceeding  one  thou- 
sand dollars,  according  to  the  nature  and  aggravation  of  the  offence, 
to  be  recovered  by  indictment  in  the  circuit  court  of  the  proper 
county,  or  by  action  of  debt  by  any  person  who  shall  sue  therefor, 
one-half  to  the  person  sueing,  and  the  other  half  to  the  propei 
county. 

Sec.   19.     Whenever  any  sheriff,  coroner,  constable,  justice  of  Failure  to  pay 

.  ,^1  •!•  1111"       over  tunas 

the  peace  or  probate  justice  of  the  peace  in  this  state,  shall,  aiter 
proper  demand  made,  fail,  neglect  or  refuse  to  pay  over  any  sum 
or  sums  of  money  collected  or  received  by  such  officer,  in  and  by 
virtue  of  his  office,  his  said  office  shall  be  forfeited  and  vacated. 

Sec.  20.  Whenever  in  pursuance  of  the  laws  of  this  state,  any  Bemoval  from  of 
judgment  shall  be  had  or  taken,  against  any  sheriff,  coroner,  con- J^^*°;j%'j^^"^ 
stable,  justice  of  the  peace,  or  probate  justice  of  the  peace,  for  any 
failure,  neglect  or  refusal  of  such  officer,  to  pay  over  any  sum  or 
sums  of  money  collected  or  received  by  him,  in  and  by  virtue  of 
his  office,  and  it  shall  appear  to  the  satisfaction  of  the  court,  that 
proper  demand  for  the  same  has  been  made,  it  shall  be  the  duty  of 
the  court,  or  justice  of  the  peace  before  whom  such  judgment  is 
had  or  taken,  further  to  adjudge  and  decree  that  the  office  of  such 
15 


226 


MISCEIXANEOUS   PROVISIONS. 


[div.  6. 


»t  par. 


Penalty  to  dis- 
•ount  warrants 


officer,  so  failing,  neglecting  or  refusing,  as  aforesaid,  is  forfeited 

and  vacated,  and  such  vacancy  shall  be  filled  as  in  other  cases  of 

vacancy,  as  is  now  provided  by  law. 

Auditor's  war-         ^EC.  21.     The  collectors  of  the  state  revenue  in  the  several 

rants  to  pay  taxes  counties  in  this  State,  shall  receive  auditor's  warrants  in  payment 

"*'"  of  any  or  all  taxes  due  the  state,  in  their  respective  counties,  at 

par,  and  they  shall  not  be  pernaitted  to  take,  buy,  share  or  receive, 

directly  or  indirectly,  by  themselves  or  agent,  any  auditor's  warrant 

or  warrants,  at  less  than  the  full  sum  due  thereon,  to  the  holder  of 

such  Avarrant  or  wan-ants. 

Sec.  22.  For  any  violation  of  the  provisions  of  the  preceding 
section  by  any  collector  or  collectors  aforesaid,  he  or  they  shall  be 
liable  to  double  the  amount  so  made  by  purchasing  or  shai-ing  said 
warrants,  at  less  than  their  face,  in  an  action  of  debt,  before  any 
justice  of  the  peace  or  court  of  record  of  the  proper  county.  One 
half  of  all  sums  so  collected  to  go  to  the  person  complaining, 
and  the  other  half  to  go  to,  and  form  a  part  of  the  school  fund  of 
the  county  where  such  collector  may  reside. 

Sec.  23.  It  shall  be  the  duty  of  the  county  treasurer,  of  any 
county  in  this  state,  whenever  any  county  order  is  presented  for 
payment,  to  indorse  on  the  back  of  any  such  order,  the  time  when 
the  same  was  presented  for  payment ;  and  it  shall  also  be  the  duty 
of  the  said  treasurer,  to  set  doAvn  in  a  book  to  be  kept  by  him  for 
that  purpose,  the  amount  and  date  of  all  such  county  orders,  to 
whom  made  payable,  and  the  time  when  presented  to  the  said  treas- 
urer for  payment ;  and  all  county  orders  shall  be  paid  according 
to  their  original  dates  ;  and  it  shall  be  the  duty  of  the  county  treas- 
urer, whenever  any  money  comes  to  his  hands,  to  set  apart  the 
amount  of  the  order  presented  as  aforesaid,  wliich  money  shall  be 
kept  by  the  treasurer  until  called  for ;  and  the  said  treasurer, 
when  he  goes  out  of  office,  shall  deliver  said  book,  containing  a 
list  of  the  county  orders  so  presented,  to  his  successor,  who  shall 
in  all  things  act  as  though  the  entries  of  orders  were  made  by 
himself. 

Approved  March  3,  1845. 


Indorsement  on 
county  order. 


Orders  paid  ac- 
cording to  date 


In  force  April 
18, 1861. 
Treasurers  to  be 
elected  in  Noveni' 
ber,  1851,  and 
bienially  there- 
after. 


Acts  repealed. 


An  Act  to  amend  the  several  acts  relating  to  the  election  of  County  Treasurer. 

Section  1.  Be  it  enacted  hy  the  people  of  the  State  of  Illinois y 
represented  in  the  General  Assembly,  That  county  treasurers  shall 
hereafter  be  elected  on  the  first  Tuesday  after  the  first  Monday  in 
November,  A.  D.  eighteen  hundred  and  fifty-one,  and  every  two 
years  thereafter. 

§  2.  So  much  of  any  and  all  laws  now  in  force  as  provides 
that  county  treasurers  shall  hold  their  offices  for  the  term  of  four 
years,  is  hereby  repealed. 

Approved  Feb.  17,  1851. 


DIV.  6.]  DOGS — ESTRAYS.  227 

DOGS.  1 

An  Act  to  amend  chapter  30  of  the  Revised  Statutes  of  1845.  In  force  February 

Section  1.     Be  it  enacted  hy  the  people  of  the  State  of  Illinois,  county  courts 
represented  in  the  General  Assembly,  The  several  county  courts  or""'*''*""''^''"'"™- 
boards  or  supervisors  in  the  counties  or  tins  state  are  hereby  au-  izc-a  to  tii  ao-s. 
thorized  and  empowered  to  make  and  ordain,  within  their  several 
counties,  such  taxes  or  other  regulations  as  they  may  deem  advisa- 
ble in  relation  to  dogs.     And  after  such  orders  or  regulations  shall 
be  so  made,  any  owner  of  a  dog  or  dogs,  who  shall  refuse  or  neg- 
lect to  comply  therewith,  shall  not  recover  for  any  killing  or  injury 
done  to  such  dog  or  dogs,  and  shall  also  be  liable,  for  such  non- 
compliance, to  a  fine  of  ten  dollars,  to  be  recovered  by  indictment 
or  action  of  debt,  in  the  name  of  the  county  authorities,  before  ow^'r^renlHcrto 
any  justice  of  the  peace  of  the  county ;  and  any  net  moneys  aris-  "iiey  regulations, 
ing  in  any  county,  under  the  provisions  of  this  act,  may  be  set  Fines,  how  ap- 
apart  for  the  benefit  of  either  the  road,  school  or  general  fimd  of  ^"^"'"^ 
such  county. 

§  2.     This  act  shall  be  in  force  from  and  afler  its  passage. 

Approved  February  20,  1861. 

ESTRAYS. 

An   Act  to   amend  chapter  thirty-nine  of  the   Revised   Statutes,  entitled 

"  Estrays." 

Section  1.     Be  it  enacted  hj  the  people  of  the  State  of  Illinois,  Town  cXerku  to 
represented  in  the  General  Assembly,  That  the  counties  which  have  ^'^^'■^^'^    '"■^°'  ^" 
adopted  or  shall  hereafter  adopt  township  organization,  the  tow 
clerk  of  every  town  thereof  shall  prot^ide  a  book  for  the  purpose 
of  registering  the  mark,  brand  and  color  of  any  animals  enumer- 
ated in  chapter  fifty  [thirty-nine]  of  the  revised  statutes,  taken  up 
as  an  estray,  which  book  shall  be  open  at  all  times  to  inspection 
by  all  persons  interested  therein,  and  shall  be  deemed  a  part  of  the 
records  of  said  town. 

§  2.     Any  person  who  shall  take  up  any  estray  according  to  Animals  to  be 
the  provisions  of  the  act  to  which  this  is  an  amendment,  shall  cause  ^^'g*'^'*''  "^  ^^* 
to  be  registered  in   the  book  provided  in  the  foregoing  act,  the 
marks,  brand  and  color  of  said  estray,  within  five  days  from  the 
time  of  such  taking  up. 

§  3.     This  act  to  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  February  15,  1855. 

An  Act  regulating  the  publication  of  Estray  Notices,  21  *1861^*^™*'^ 

Section  1.     Be  it  enacted  by  the  people  of  the  State  of  Illinois,  ^^^''^l^^^'^^  *• 
represented  in  the  General  Assembly,  That  the  estray  notices  now  likemseinMun- 
required  by  law  to  be  published  in  some  newspaper  designated  by  *y  newspaper. 
the  Governor,  in  the  city  of  Springfield,  shall  hereafter  be  pub- 

(1)  S«e  Appendix,  p.  245. 


228  MISCELLANEOUS  PKOVISIONS.  [DIV.  6. 

lished  also  in  some  newspaper  printed  in  the  county  in  which  said 
estray  may  be  taken  up ;  said  newspaper  to  be  designated  by  the 
county  clerk  of  said  county ;  and  that  hereafter  the  fee  paid  to  the 
newspaper  in  Springfield  for  said  publication  be  fifty  cents,  for 
each  such  notice,  and  the  fee  paid  to  the  newspaper  selected  by  the 
county  clerk  for  each  such  publication,  shall  be  fifty  cents.  * 

§  2.     This  act  shall  take  eifect  from  and  after  its  passage. 

Approved  February  21,  1861. 

HIGHWAYS. 

Plank,  Gravel  and  Macadamized  Roads. 

By  an  Act  approved  February  21,  1859,  entitled  "An  Act  to  pro- 
vide for  constructing,  maintaining  and  keeping  in  repair  plank, 
gravel  and  macadamized  roads  or  pikes  by  a  general  law,"  after 
providing  for  the  organization  of  companies  for  the  purpose  of 
constructing  such  roads,  certain  powers  are  given  to  boards  of 
supervisors  and  commissioners  of  highways,  contained  in  the  fol- 
lowing section : 
Plank  road  com-      §  8.     Such  company  may  locate  and  construct  said  road  or  pike, 
pany  may  con-    qj.  ^^j  pj^p^  thereof,  upou  any  state  or  county  road,  by  an  agree- 
state  or  county    mcnt  witli  the  county  court,  or  in  counties  adopting  the  township 
ment  xnthfupJr- organization,  with  the  board  of  supervisors  or  commissioners  of 
Tisorsorcouimis- jijghifvays,  in  which  said  state  or  county  road  may  be  situated,  or 
ways!^  °    '^      upon  any  street  or  alley  or  public  ground,  within  the  limits  of  any 
incorporate  town  or  city,  by  an  agreement  with  the  corporate  au- 
thorities of  such  town  or  city  ;  which  said  agreement  with  such 
county  court,  board  of  supervisors,  commissioners  of  highways,  or 
corporate  authorities,  shall  be  in  writing,  and  filed  and  recorded  in 
the  county  clerk's  office   of  the  proper  county ;  or  may  locate  or 
construct  such  road  or  pike  over  any  lands,  owned  and  occupied 
by  the  state,  and  over  any  lands  ov/ned  by  any  individual  or  cor- 
poration, by  voluntary  cession  or  by  purchase.     It  shall  be  lawful 
for  such  company  to  appropriate  and  use  so  much  of  said  land,  not 
exceeding  one  hundred  feet  in  width,  as  shall  be  necessary  for  the 
proper  construction  of  such  road  or  pike,  on  complying  with  the 
six  folio  whig  sections  :^ 

In  force  Feb.  22,  An  Act  to  establish  certain  rules  of  evidence  as  to  Highways,  in  Counties 
1861.  adopting  township  organization. 

Board  of  supevvi-      SECTION  1.     £e  it  enacted  by  the  People  of  the  State  of  Illinois^ 
'if  cad's  toT'^    represented  in  the  General  Assembly,  That  it  shall  be  lawful  for  the 
resurvcyed.        board  of  Supervisors  in  any  county  to  empower  and  authorize  the 
county  surveyor  of  said  county,  under  the  direction  of  the  highway 
commissioners  of  each  town,  to  survey,  locate  and  plat  the  public 
Plat  to  be  filed,    highways  of  each  town;  and  when  such  plat  shall  have  been  com- 
pleted, and  approved  by  the  highway  commissioners,  it  shall  be 
filed  in  the  office  of  said  town  clerk,  together  with  the  minutes  and 

(1)  For  provisions  in  full  concerning  EsiBATS,  see  Appendiz,  p.  246. 

(2)  Sess.  Laws,  859,  p.  1561. 


DIV.  6.]  LAW   OP  THE   ROAD.  229 

reports  of  such  survey,  and  be  carefully  kept  by  such  town  clerk,  Expcni-c how 
as  a  part  of  his  official  records — the  expenses  of  such  proceedings  ^''''*' 
to  be  paid  out  of  the  road  fund,  by  each  town. 

§  2.     The  said  plat,  minutes  and  report,  or  a  certified  copy  of  sun-eytobe 
the  same,  under  hand  and  seal  of  the   town  clerk,  shall  be  prima  /'"""»/a<-'e  evi- 
facie  evidence  that  the  road  or  roads  therein  described  have  been 
lawfully  constituted  a  public  higliway, 

§  3.     The  provisions  of  this  act  shall  apply  to  ratify  and  confirm  Former  pm-pod- 
all  proceedings  heretofore  had  by  any  county  or  commissioners  of '"^'* ''^S'^ii^tJ- 
highways  and  surveyor,  in   accordance  with  the  provisions  of  the 
first  section  of  this  act,  or  by  order  of  the  town  authorities. 

§  4.     This  act  shall  take  effect  and  be  in  force  fiom  and  after 
its  passage. 

Approved  February  22,  1861. 

An  Act  to  amend  the  general  Plank  Road  Law. 

Section  1.     BeJt  enacted  by  the  People  of  the  State  of  Illinois,  Railroads autuor- 
represented  in  the  General  Assembly :  That  whenever  it  shciU  be  for'^con.SrU.'in 
necessary  for  the  construction  of  any  railroad  on  the  line  of  any  °" ''°«  "f  pi^nk 
plank  road  now  constructed   or  hereafter  to  be  con>tructcd  by  any 
company  organized   undtr   the  provisions  of  said  law,  said  plank 
road  company  are  hereby  authorized  to  negotiate  and  transfer  such 
plank  road  to  said  railroad  company,  upon  the  conilitions  following: 
that  before  said  transfer  shall  be  made,  the  vote  of  a  majority  of 
the  stockholders  shall  be  given  in  favor  of  such  tnmsfer,  and  fur- 
ther, that  the  consent  of  the  county  court  of  the  county  in  which  consent  of  board 
said  plank  road  is  situated,  or  board  of  supervisors  shall  first  [be j  J^^  ^^^'j|^'Pg|^°" '° 
granted,  and  entered  upon  the  records  of  said  court. 

§  2.     This  act  to  take  effect  from  and  after  its  passage. 

Approved  February  12,  1855. 

LAW    OF    THE    ROAD. 

(From  Chapter  93  of  the  Revised  Statutes,  title  "  Roads.") 

Section  1.     Whenever  any  persons  traveling  with  any  car- Carriages  turn  to 
riages,  shall  meet  on  any  turnpike  road  or  public  highway  in  this    "  "'^ 
state,  the  persons  so  meeting,  shall  seasonably  turn  their  carriages 
to  the  right  of  the  center  of  the  road,  so  as  to  permit  each  carriage 
to  pass  without  interfering  or  interrupting,  under  the  penally  of  renaity. 
five  dollars  for  every  neglect  or  offence,  to  be  recovered  by  the 
party  injured:  provided,   this   section   shall  not  be  construed  to 
apply  to  any  case,  unless  some  injury  to  persons  or  property  shall  ^'<?t  "ppiy  uniesn 
occur  by  the  driver  of  the  carriage  or  wagon  refusing  to  turn  to'""" 
the  right  of  the  beaten  track  ;  nor  shall  it  be  construed  to  extend 
to  a  case  where  it  is  impracticable,  from  the  nature  of  the  ground, 
for  the  driver  of  the  carriage  or  wagon  to  turn  to  the  right  of  the 
beaten  track. 

§  2.     No  person  owning  any  carriage,  running  or  traveling  upon  Bninken  driTw 
any  road  in  this  state,  for  the  conveyance  of  passengers,  shall 


130 


MISCELLANEOUS    PROVISIONS. 


[DIV.    6. 


Penalty  for  em- 
ploying him. 


Use  of  penalty. 


Drunken  driver 
to  be  dismissed 


employ  or  continue  in  employment,  any  person  to  drive  such  car- 
riage,  who  is  addicted  to  drunkenness  or  the  excessive  use  of  spir- 
ituous liquors  ;  and  if  any  such  owner  shall  violate  the  provisions 
of  this  section,  after  he  shall  have  had  notice  and  reasonable  proof 
that  such  driver  is  addicted  to  drunkenness,  he  shall  forfeit  at  tlie 
rate  of  five  dollars  per  day,  for  all  the  time  during  which  he  shall 
thereafter  have  kept  any  such  driver  in  his  employment,  to  be  sued 
for  by  any  person,  and  collected  in  any  court  having  competent 
jurisdiction.  The  penalty,  when  recovered,  shall  be  for  the  use 
of  the  poor  of  such  county,  except  that  the  court  in  which  the 
recovery  shall  be  had,  may  allow  a  portion  of  said  penalty,  not 
exceeding  twenty-five  dollars,  to  be  retained  by  such  complainant 
as  a  compensation  for  his  services  and  expenses. 

§  3.  If  any  driver,  whilst  actually  employed  in  driving  any 
such  carriage,  shall  be  guilty  of  intoxication  to  such  a  degree  as 
to  endanger  the  safety  of  the  passengers  in  the  carriage,  it  shall 
be  the  duty  of  the  owner  of  such  carriage,  on  receiving  written 
notice  of  the  fact,  signed  by  any  one  of  said  jifcssengers,  and  certi- 
fied by  him  on  oath,  forthwith  to  discharge  such  driver  from  his 
employment ;  and  every  such  owner  who  shall  retain  or  have  in 
his  employ,  within  three  months  after  the  receipt  of  such  notice, 
any  driver  who  shall  have  been  so  intoxicated,  shall  forfeit  at  the 
rate  of  five  dollars  per  day  for  the  time  during  which  he  shall 
keep  any  such  driver  in  his  employment  after  receiving  such 
notice,  to  be  sued  for  and  applied  as  directed  in  the  last  preceding 
section. 

§  4.  No  person  driving  any  carriage  upon  any  turnpike  road 
or  public  highway  witliin  this  state,  with  or  vnthout  passengers 
therein,  shall  run  his  horses  or  carriage,  or  permit  the  same  to  run, 
upon  any  occasion,  or  for  any  purpose  whatever;  and  every  per- 
son who  shall  offend  against  the  provisions  of  this  section,  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  on  conviction  thereof,  shall 
be  fined,  not  exceeding  one  hundred  dollars,  or  imprisoned,  not  ex- 
ceeding sixty  days,  at  the  discretion  of  the  court. 

§  5.  It  shall  not  be  lawful  for  the  driver  of  any  carriage  used 
for  the  purpose  of  conveying  passengers  for  hire,  to  leave  the 
horses  attached  thereto,  while  passengers  remain  therein,  without 
first  making  such  horses  fast  with  a  sufficient  halter,  rope  or  chain, 
or  by  placing  the  fines  in  the  hands  of  some  other  person,  so  as  to 
prevent  their  running ;  and  if  any  such  driver  shall  offend  against 
the  provisions  of  this  section,  he  shall  forfeit  for  the  use  of  the 
poor,  the  sum  of  twenty  dollars,  to  be  recovered  by  action  to  be 
commenced  within  six  months ;  and  unless  the  amount  of  such 
recovery  be  paid  forthwith,  execution  shall  be  immediately  issued 
therefor. 

§  6.  The  owners  of  every  carriage  running  upon  any  turnpike 
road  or  public  highway  for  the  conveyance  of  passengers,  shall  be 
liable  jointly  and  severally,  to  the  party  injured,  in  all  cases,  for 
all  injuries  and  damages  done  by  any  person  in  the  employment 
of  such  owners  as  a  driver,  while  driving  such  carriage,  to  any 


Penalty  for  re- 
taining him. 


Running  horses 
forbidden. 


Horses  not  to  be 
left  unhitched. 


Penalty. 


Owner  liable  for 
damage. 


DIV.    6.]  LAW   OP  THE  ROAD.  231 

person,  or  to  the  property  of  any  person  ;  and  that,  whenever  the 
act  occasioning  such  injury  or  damage  be  williul,  negUgent  or  oth- 
erwise, in  the  same  manner  as  such  driver  would  be  Hable.  Any  Penalty  of  offena- 
driver  of  any  mail  stage  coach,  or  any  other  vehicle  for  the  con-  '"'^  '^"^'■''^' 
veyance  of  passengers,  wiUfully  offending  against  the  provisions 
of  this  chapter  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on 
conviction  thereof,  shall  be  imprisoned,  not  exceeding  lour  months, 
or  fined,  not  exceeding  fliree  hundi-ed  dollars. 

§  7.     The  term  "  carriage,"  as  used  in  this  chapter,  shall  be  con-  Meaning  of "  car- 
strued  to  include  stage  coaches,   wagons,   carts,   sleighs,  sleds,  and  ""8"' 
every  other  carriage  or  vehicle  used  for  the  transportation  of  pas- 
sengers and  goods,  or  either  of  them. 

§  8.     Nothing  contained  in  this  chapter  shall  interfere  with,  or  iiackney  coach, 
affect  any  law  concerning  hackney  coaches  or  carriages  in  any  of  *""'  "**'  changed. 
the  cities  of  this  state,  nor  interfere  with,  nor  affect  the   laws  or 
ordinances  of  any  such  city  for   the   licensing  or  regulating  such 
coaches  or  carriages.     Justices  of  the  peace  shall  have  jurisdiction  justices'  juris- 
in  all  cases  arising  under  this  chapter,  where  the  penalty  does  not  <iict»on. 
exceed  one  hundred  dollars. 

§  9.     All  roads  within   this   state,  which  have  been  laid  out  in  What  are  pnbUc 
pursuance  of  any  law  of  this  state,  or  of  the  late  territory  of  Illi-  '»'«'>wai-8. 
nois,  and  which  have  not  been  vacated  in  pursuance  of  law,  are 
hereby  declared  to  be  pubUc  highways. 


232 


LOCAL   AND   SPECIAL  PROVISIONS. 


[DIV.  7. 


DIVISION  VII. 


LOCAL    AND    SPECIAL    PROVISIONS. 

In  force  Februa-  An  Act  to  enable  the  Board  of  Supervisors  of  Boone  County  to  levy  anaddi- 
ry  19, 1859.  tional  Tax  for  certain  purposes  therein  named. 

I'a^-  Section  1.     Be  it  enacted  by  the  people  of  the  State  of  Illinois, 

represented  in  the  General  Assembly,  That  the  board  of  supervisors 
of  the  county  of  Boone  may,  at  their  annual  meeting,  levy  a  tax, 
not  exceeding  tv?o  mills  on  the  dollar,  over  and  above  the  amount 
now  allowed  by  law  for  county  purposes  ;#which  shall  constitute  a 
fund,  separate  from  the  county  revenue,  and  shall  be  appropriated 
either  to  the  payment  of  the  outstanding  bonds  of  said  county  or 
the  purchase  of  a  poor  farm  and  the  erection  of  suitable  buildings 
thereon,  and  for  no  other  purpose,  and  shall  cease  when  the  afore- 
said objects  have  been  accomplished. 

Special  tax.  §  2.     Said  Special  tax  shall  be  levied  and  collected  in  the  same 

manner  as  other  tax  is. 

§  3.     This  act  shall  take  effect  from  and  after  its  passage. 
Approved  February  24,  1859. 


Authorized  to 
levy  ta.\  for 
bridges. 


In  force  Februa-  An  Act  empowering  the  Board  of  Supervisors  of  Jo  Daviess  County  to  levy 
ry  IS,  1859.  certain  Taxes  therein  named. 

Section  1.     Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  people  of  the  county 
of  Jo  Daviess,  by  their  board  of  supervisors,  be  and   are  hereby 
authorized  to  levy  a  tax,  of  one  mill  upon  the  dollar,  upon  all  tax- 
able property  in  said  county,  for  the  -purpose  of  erecting  bridges 
and  maintaining  same  in  said  county. 
Taxes  to  liqui-         §  2.     Be  it  ttlso  enacted,  That  the  people  of  said  county  of  Jo 
date  county  debt  j)r^viess,  by  their  board  of  supervisors,  be  and  [are]  hereby  author- 
ized and  empowered  to  levy  a  further  tax,  of  two  mills  upon  the 
dollar,  upon  all  taxable  property,  to  be  used  as  a  sinking  fund,  for 
the  purpose  of  liquidating  the  indebtedness  of  said  county. 
§  3.     This  act  shall  be  in  force  from  and  after  its  passage. 
Approved  February  18,  1859. 


In  force  Februa-  -A-^  A.ct  to  legalize  certain  Roads  in  certain  towns  therein  named. 

^rtain  roads  de-  SECTION  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
tiared  highways,  represented  in  the  General  Assembly,  That  all  roads  in  the  town- 
ships of  Belvidere  and  Flora,  county  of  Boone,  and  state  of  Illi- 
nois, surveyed,  located,  platted  by  and  under  the  direction  of  the 
highway  commissioners  of  said  townships,  in  the  year  eighteen 
hundred  fifty-six,  are  hereby  declared  public  highways. 


DIV.  7.]  LOCAL   AND   SPECIAL   PROVISIONS.  233 

§  2.      And  that  the  record  kept  in  the  office  of  the  clerks  of  said  Record  to  be  cvi- 
towns  shall  be  evidence  of  the  locations  and  establis-liing  of  said  ''*""'*■ 
roads  or  highways  in  all  courts  having  jiii-isdiction  of  subject  mat- 
ters that  may  at  any  time  or  in  any  manner  arise  in  reference  to 
the  said  highways. 

§  3.     And  that  all  roads  and  parts  of  roads,  in  said  towns,  here-  Roads  vacated 
tofore  declared  vacated  by  said  commissioners,  be  and  the  same  are 
hereby  vacated. 

§  4.     And  that  said  roads  established  by  this  act  shall  be  sub- Maybe  relocated, 
ject  to  alterations,   relocations  and  vacations  by  the  highway  com- 
missioners of  said  towns,  as  other  roads  now  are  or  may  hereafter  be. 

§  5.     This  act  to  take  effect  from  and  after  its  passage. 

Approved  February  5,  1857. 

An  Act  to  legalize  the  acts  of  the  Commissioners  of  Highways  in  the  town  In  force  April  20, 
of  Blooraingdalc,  and  county  of  Du  Page.  ^^"i- 

Section  1.  J^e  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  acts  of  the  commis- 
sioners of  highways  for  the  town  of  Bloomingdale,  in  the  county 
of  Da  Page,  in  surveying,  laying  out  and  establishing  roads  and 
public  highways  in  said  town,  from  April  I7th,  1851,  to  February 
12th,  1853,  be  and  the  same  are  hereby  legalized  and  confirmed, 
so  far  as  they  have  been  opened  and  worked ;  and  all  roads  sm*- 
veyed,  laid  out  and  opened  by  them  are  hereby  declared  pubUc 
highways. 

Approved  February  16,  1857. 

An  Act  to  authorize  the  Commissioners  of  Highways  of  the  town  of  Wayne,  In  force  Febru*. 
in  Du  Page  county,  to  alter  the  route  of  a  certain  state  road.  ""^  ^^'^  ^^'• 

Section   1.     Be  it  enacted  by  the  people  of  the  State  of  Illinois,  commis^oauis' 
represented   in   the  General  Assembly,  That  the  commissioners  of^"'^" 
highways  of  the  town  of  Wayne,  in  Du  Page  county,  are  hereby 
authorized  to  alter  the  route  of  so  much  of  the  state  road  located 
through   said  town  in  the  year  1819,  by  Elijah  Wilcox,  Augustus 
Adams  and  Luther  Herrick,  commissioners,  as  runs  across  section  ^ 

five,  in  said  town,  whenever  such  alteration  shall  be  petitioned  for 
in  the  manner  required  by  sections  one  and  two  of  article  four  of 
the  act  to  provide  for  township  organization. 

§  2.  The  said  commissioners  of  highways,  in  the  exercise  of  iiow  proceed, 
the  authority  conferred  by  this  act,  shall  proceed  in  the  same  man- 
ner as  is  required  by  the  laws  now  in  force  relative  to  the  altera- 
tion of  other  roads,  and  appeals  may  be  taken  and  prosecuted  from 
orders  made  by  them,  either  in  relation  to  the  alteration  of  said 
road  or  the  assessment  of  damages,  as  in  other  cases,  and  (he  super- 
visors to  whom  such  appeals  are  taken  shall  be  governed  by  the 
laws  now  in  force  relative  to  road  appeals. 

§  3.     This  act  to  take  effect  from  and  after  its  passage. 
.   Approved  February  16,  1857. 


234 


LOCAL  AND   SPECIAL  PROVISIONS. 


[div.  7. 


In  force  Feb.  12,  An  Act  entitled  "  An  Act  to  prevent  Sheep  and  Swine  from  running  at  large 
1853.  in  the  county  of  Du  Page." 


Penalty. 


In  force  Jan.  27, 
1853. 

Penalty 


Section  1.  Be  it  enacted  hy  the  People  of  the  State  of  Illinois^ 
represented  in  the  General  Assembly,  That  from  and  aftei*  the  first 
day  of  March  next,  it  shall  not  be  lawful  for  any  person  or  persons, 
possessor  or  possessors  of  any  sheep  or  swine,  to  allow  them  to  run 
at  large  within  the  county  of  Du  Page  ;  and  if  any  person  or  per- 
sons, being  the  owner  or  owners,  possessor  or  possessors  of  any 
sheep,  Iamb  or  lambs,  hog  or  hogs,  shoat  or  shoats,  pig  or  pigs, 
shall  permit  them  or  any  of  them  to  run  at  large  within  said  county 
of  Du  Page,  such  person  or  persons  shall  forfeit  and  pay  the  sum 
of  five  dollars  to  any  person  or  persons  making  complaint  before 
any  justice  of  the  peace  in  the  state  of  Illinois,  to  be  collected  as 
in  action  for  debt  before  such  justice  of  the  peace,  with  the  costs 
of  the  suit.  » 

Approved  February  12,  1853. 

An  Act  to  prevent  Sheep  and  Swine  from  running  at  large  in  Henry  Will 
and  Livingston  Counties. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  from  and  after  the  first 
day  of  March  next,  it  shall  not  be  lawful  for  any  person  or  persons, 
possessor  or  possessors  of  any  sheep  and  swine,  to  allow  them  to 
run  at  large  within  the  counties  of  Henry,  Will,  and  Livingston 
and  Lake ;  and  if  any  person  or  persons  residing  within  said  coun- 
ties of  Henry,  Will,  and  Livingston  and  Lake,  being  the  owner  or 
owners,  possessor  or  possessors  of  any  sheep,  hog  or  hoijs,  shoat  or 
shoats,  pig  or  pigs,  shall  permit  them  to  run  at  large  within  said 
counties  as  aforesaid,  such  person  or  persons  shall  forfeit  and  pay 
the  sum  of  five  dollars  per  head  to  any  person  or  persons  making 
complaint  before  any  justice  of  the  peace  in  and  for  said  counties, 
to  be  collected  as  in  action  for  debt  before  such  justice  of  the  peace, 
with  the  costs  of  suit. 

Approved  January  27,  1853. 

In  force  Feb.  16.  An  Act  to  amend  an  act  entitled  "  An  Act  to  prevent  Sheep  and  Swine  from 
1859.  running  at  large  in  Henry,  Will  and  Livingston  Counties,"  approved  Jan. 

uary  27th,  1853,  so  as  to  extend  the  provisions  thereof  to  the  County  of 

Lake. 

Act  extended.  SECTION '  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois, 

represented  in  the  General  Assembly,  That  the  provisions  of  the  act 
entitled  "An  act  to  prevent  sheep  arid  swine  from  running  at  large 
in  Henry,  Will  and  Livingston  counties,"  approved  January  27th, 
1853,  be  and  the  same  are  hereby  extended  to  the  county  of  Lake, 
to  all  intents  and  purposes,  the  same  and  as  effectually  as  if  said 
county  had  been  originally  embraced  in  the  title  of  the  above  men- 
tioned act. 

§  2.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage.  , 

Approved  February  19,  1859.       "^ 


DIV.  7.]  LOCAL   AND   SPECIAL  PROVISIONS.  235 

An  Act  to  legalize  the  acts  of  the  Commissioners  of  Highways  for  the  county  In  force  Feb.  21 
of  Iroquois,  for  the  year  lb57.  1*^9- 

Section  1.     Be  it  enacted  hy  the  People  of  the  State  of  Illinois,  Acts  of  the  com- 
represented  in  the  General  Assembly,  Tliat  the  acts  of  the  coinmis-F'.''Y'°°^",°J 
sioners  of  highways,  within  and  for  the  county  of  Iroquois,  for  the  izeu.        ^"'^ 
year  A.  D.  1857,  be  and  the  same  are  hereby  legalized ;  and  that 
all  roads  located  by  said  commissioners  shall  be  deemed  as  lawful 
as  if  said  commissioners  had  given  public  notice,  as  is  now  required 
by  law ;  and  that  in  all   cases   hereafter,  that  petitioners  for  the 
location  of  any  new  road  or  the  alteration  of  an  old  one,  that  com- 
missioners of  highways   require  the  petitioners,  as  aforesaid,   to 
deposit  with  them  a  sufficient  amount  to  defray  the  expenses  of  the  Petitioners  to  de- 
view  and  survey  of  the  proposed  route ;  and  if  the  prayer  of  the  Jll^foun't'to  defray 
petition  shall  be  granted,  then  and  in  that  case  said  money  shall  be  expenses  of  Tiew. 
refunded  immediately   to  ♦the  petitioners,  and  the  township  shall 
defray  all  the  expenses  for  the  services  aforesaid :  provided,  the  pro-  ProvlBo. 
visions  of  this  act  shall  not  apply  to  the  town  of  Loda,  in  said  county. 

§  2.  This  act  to  take  eflect  and  be  in  force  from  and  after  its 
passage. 

Approved  February  21,  1859. 

An  Act  to  amend  the  Township  Organization  Law.  In  force  March  1, 

Section  1.  Be  it  enacted  hy  the  People  of  the  State  of  Illinois,  vacate  or  reiocat* 
represented  in  the  General  Assembly,  That  the  commissioners  of  ^^^  '''^'^• 
highways  in  the  several  towns  in  the  counties  of  Kane  and  De 
Kalb  be  and  they  are  hereby  authorized  and  empowered  to  alter, 
vacate  or  relocate  any  and  all  state  roads  that  have  been  or  may 
hereafter  be  located  in  their  respective  towns,  and  shall  have  the 
same  power  and  control  over  state  roads  that  they  now  or  here- 
after may  have  over  other  roads  under  the  township  organization  law. 

§  2.     That  sheep  be  permitted  to  run  at  large  in  Will  county,  Sheep, 
unless  by  vote  of  the  people,  at  their  town  meeting  in  any  town,  it 
shall  be  otherwise  determined. 

§  3^  This  act  to  take  effect  and  be  in  force  from  and  after  its 
passage.  ' 

Approved  March  1,  1854. 

An  Act  to  repeal  an  Act  entitled  "An  Act  to  prevent  Swine  and  Sheep  from  ^  force  Febmaiy 
running  at  large  in  Iroquois  county,  and  for  estabhshing  and  maintaining  *"'  ^'''"■ 
pounds  in  said  county. 

Section.  1.  Be  it  enacted  hy  the  People  of  the  Stale  of  Illi- 
nois, represented  in  the  General  Assembly,  That  the  above  mention- 
ed act,  which  was  approved  February  10th,  A.  D.  1853,  be  and 
the  same  is  hereby  repealed.  ; 

§  2.     The  said  county  of  Iroquois  shall  be  governed  by  the  act  ' 

establishing  township  organization,  so  far  as  the  regulation  con- 
cerning the  running  at  large  of  animals  is  concerned. 

§  3.     This  act  is  to  be  in  force  from  and  after  its  passage. 

Approved  February  22,  1861. 


236  LOCAL   AND   SPECIAL   PROVISIONS.  [dIV.  7. 

In  force  February    An  Act  to  require  each  town  in  Kankakee  county  to  take  care  of  its  poor, 
20,1861. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  several  towTis,  now 
created  or  that  may  be  hereafter  created  in  the  county  of  Kankakee, 
be  and  they  hereby  are  empowered  and  required  to  support  all 
paupers  residing  within  their  respective  limits,  out  of  the  treasury 
thereof. 
Diities  of  over-  §  2.  That  the  oversecrs  of  the  poor  of  the  towns  aforesaid  shall 
seers  of  the  poor,  ^^j,^  charge  of,  maintain  and  support  the  poor  of  their  respective 
towns,  in  manner  as  is  now  or  hereafter  may  be  provided  by  law; 
and  all  expenses  incurred  for  such  maintenance  and  support  shall 
be  considered  a  town  chai'ge,  and  it  shall  be  the  duty  of  said  over- 
seers to  present  to  the  board  of  town  auditors  of  their  respective 
towns,  at  each  regular  annual  meeting  thereof,  a  true  account  of  all 
expenditures  incurred  under  the  provisions  of  this  act,  which  shall 
be  audited  and  paid  as  other  town  charges  are  audited  and  paid. 
Non-resident  §  3.     If  any  person   shall  become  chargeable,  in  any  town  of 

paupeiB.  g^j^  county,  in  which  he  or  she  did  not  reside  at  the  commencement 

of  the  thirty  days  immediately  preceding  his  or  her  becoming  so 
chargeable,  he  or  she  shall  be  taken  care  of  by  the  overseers  of  the 
poor  of  such  town ;  and  if  such  poor  person  was  a  resident  of  any 
other  town  of  said  county,  within  the  thirty  days  aforesaid,  then 
the  overseer  of  the  poor  of  the  town  having  such  poor  person  in 
charge  shall  give  notice  to  the  overseer  of  the  poor  where  such 
pauper  resides  as  aforesaid,  stating  that  such  pauper  became  charge- 
able as  a  pauper,  and  requesting  said  overseer  to  remove  said 
pauper  fortliAvith,  and  pay  the  expenses  incurred  in  taking  care  of 
him  or  her. 
Revised  Statutes,  §  4.  That  the  provisions  of  sections  fourteen,  fifteen  and  six- 
^  teen,  of  chapter  eighty,  of  the  Revised  Statutes,  entitled  "  Paupers," 
shall  apply  to  and  operate,  as  between  the  several  towns  of  said 
county,  in  the  same  manner  as  they  do  between  the  several  counties 
of  this  state.  And  if  any  person  shall  become  chargeable  in  any 
town  of  said  county,  who  did  not  reside. in  said  county  at  the  com- 
mencement of  the  thirty  days  as  aforesaid,  then  the  overseer  of  the 
poor,  having  such  pauper  in  charge,  shall  give  notice  thereof  to  the 
authorities  of  the  proper  county,  as  in  other  cases;  and  the  ex- 
penses of  taking  care  of  such  paupers,  when  received  from  such 
foreign  county,  shall  be  paid  into  the  treasury  of  the  proper  township. 
County  poor  §  5.     All  paupers  at  the  county  poor  house  shall,  on  the  passage 

°"^'  of  this  act,  be  taken  by  the  keeper  of  the  poor  house  to  the  several 

towns  to  which  they  belong,  and  delivered  to  the  overseers  thereof, 
and  to  be  by  them  supported,  as  provided  by  this  act. 

§  6.     The  electors  of  the  several  towns  of  said  county,  at  their 
annual  town  meetings,  may  prescribe  such  rules  and  regulations, 
.     for  the  support  of  paupers  of  their  respective  towns,  as  they  may 
deem  most  expedient. 

§  7.     This  act  to  take  effect  immediately. 
Approved  February  20,  18G1. 


DIV,  7.]  LOCAL   AND   SPECIAL  PROVISIONS.  237 

An  Act  to  prevent  Sheep  and  Swine  from  running  at  large  within  the  county  in  force  April  i 

of  Mason.  1857. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  Not  lawful  r- 
represented  in  the  General  Assembly,  That  from  and  after  the  first  •'''^p  ^mJ  swine 
day  of  April,  A.  D.  1857,  it  shall  not  be  lawful  for  any  person  or 
persons,  possessor  or  possessors  of  any  sheep,  hog  or  hogs,  shoat 
or  shoats,  pig  or  pigs,  to  allow  the  same  to  run  at  large  within  the 
county  of  Mason;  and  if  any  person  or  persons,  being  the  own(ir 
or  owners,  possessor  or  possessors  of  any  such  sheep,  hog  or  hogs, 
shoat  or  shoats,  pig  or  pigs,  shall  permit  the  same  to  run  at  large 
within  the  county  aforesaid,  such  person  or  persons,  possessor  or 
possessors  shall  forfeit  and  pay  the  siun  of  five  dollars  per  head  to 
any  person  or  persons  making  complaint  before  any  justice  of  the 
peace  in  and  for  said  county,  to  be  collected  as  in  an  action  for 
debt  before  such  justice  of  the  peace,  together  wdth  the  costs  of  suit, 
and  shall  also  pay  all  damage  resulting  from  the  running  at  large 
of  such  sheep  or  swine  to  the  person  or  persons  so  damaged ;  pro-  ProTuo. 
vided,  however,  said  sheep,  hog  or  hogs,  shoat  or  shoats,  pig  or  pigs, 
shall  not  be  considered  as  running  at  large  while  they  remain  upon 
the  premises  of  the  owner  or  owners,  possessor  or  possessors  of  the 
same,  not  occupied  by  any  other  person  or  persons. 

§  2.  The  provisions  and  penalties  of  this  act  shall  not  «ipply  to 
the  owner  or  ownei's  of  sheep  or  swine  running  at  large  upon  the 
unoccupied  lands  located  in  the  Illinois  river  bottoms,  the  Sangamon 
river  bottoms  or  the  Salt  creek  bottoms,  within  the  county  of  Mason 
aforesaid;  and  this  act  shall  not  be  so  construed  as  to  prevent  or  in 
anywise  interfere  with  persons  driving  sheep  or  swine  to  or  from 
the  market  where  such  sheep  or  swine  may  have  been  bought  or 
sold. 

§  3.  This  act  shall  be  in  force  from  and  after  the  first  day  of 
April  next. 

Approved  February  14,  1857. 

An  Act  to  legalize  a  certain  record  of  the  county  commissioners'  court  of  jn  force  FvTiru- 
Will  county,  establishing  a  certain  road  therein  named.  aiy  18, 1857. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of  iffmois.  Report  of  surray. 
represented  in  the  General  Assembly,  That  the  record  of  a  certain 
proceeding  in  the  county  commissioner's  court  of  the  county  of 
Will,  approving  the  report  of  a  survey  of  a  road  from  section 
number  two,  town  thirty-seven,  range  nine  east  of  the  third  princi- 
pal meridian,  in  the  county  of  Will,  to  intersect  the  Naperville  and 
Plainfield  road,  as  the  same  is  now  recorded,  be  and  the  same  is 
hereby  established  and  confirmed  and  the  said  road  declared  to  be  Confirmed. 
legally  layed,  according  to  the  said  survey;  and  the  board  of  super- 
visors are  hereby  authorized  to  direct  the  same  to  be  opened  whea- 
ever  the  public  interest  shall  require. 

Approved  February  18,  1857.  , 


238 


LOCAL   AND   SPECIAL  PROVISIONS. 


[div.  7. 


In  force  Febru- 
ary 18, 1857. 


CJomjnissioners  of 
highways. 


Not  to  increase 
distance. 


An  Act  to  authorize  the  commissioners  of  highways,  in  the  respective  towns, 
in  the  county  of  Peoria,  to  alter,  change,  relocate  or  discontinue  certain 
roads  therein  named,  and  also  for  the  survey  and  location  of  a  certain  roacl 
therein  named. 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  commissioners  of 
highways  in  any  town  in  the  county  of  Peoria  are  hereby  author- 
ized and  empowered  to  change,  alter,  relocate  or  discontinue  the 
Peoria  and  Rock  Island  state  road  or  the  road  from  Brenfield  to 
Rochester :  provided,  they  do  not  materially  increase  the  distance 
of  travel  on  said  road  or  roads  or  do  not  place  said  road  or  roads 
on  worse  grounds  than  now  occupied :  and,  provided,  they  do  not 
discontinue  said  road  unless  a  majority  of  the  legal  voters  residing 
within  one  and  a  half  miles  of  said  road,  by  petition  requesting 
the  same  to  be  done. 


In  force  Febru- 
ary 18,  1857. 


Unlawful  to  run 
ftt  large. 


PrOTlBO. 


Certain  laws  in- 
Applicable. 


An  act  to  prevent  sheep  and  swine  from  running  at  large  in  the  counties  of 
Stark,  Putnam  and  McLean. 

Section  1.  Be  it  enacted  hy  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  it  shall  not  be  lawful  for 
any  person  or  persons,  possessor  or  possessors  of  any  sheep  or 
sheep,  or  hog  or  hogs,  shoat  or  shoats,  pig  or  pigs,  to  allow  the  same 
to  run  at  large  within  the  counties  of  Stark,  Putnam  and  McLean ; 
and  if  any  person  or  persons,  residing  in  said  countie§  of  Stark, 
Putnam  and  McLean,  being  the  owner  or  owners,  possessor  or  pos- 
sessors of  any  such  sheep  or  sheep,  hog  or  hogs,  shoat  or  shoats, 
pig  or  pigs,  shall  permit  the  same  to  run  at  large  within  said 
counties  as  aforesaid,  such  person  or  persons,  possessor  or  pos- 
sessors, shall  forfeit  and  pay  the  sum  of  five  dollars  per  head  to 
any  person  or  persons  making  complaint  before  any  justice  of  the 
peace  in  and  for  said  counties,  to  be  collected  as  in  an  action  for  debt, 
before  such  justice  of  the  peace,  together  with  the  costs  of  suit : 
provided,  however,  said  sheep  or  sheep,  hog  or  hogs,  shoat  or  shoats, 
pig  or  pigs,  shall  not  be  considered  as  running  at  large  while  they 
remain  upon  the  premises  of  the  owner  or  owners,  possessor  or 
possessors  of  the  same,  not  occupied  by  any  other  person  or  per- 
sons. 

§  2.  That  so  much  of  the  sixth  clause  of  the  fourth  section  of 
the  third  article  of  an  act  entitled  "An  act  to  provide  for  township 
organization,"  approved  February  17,  1851,  as  gives  to  the  electors 
of  each  town  in  counties  adopting  township  organization  the  power, 
at  tlieir  annual  town  meeting,  "to  determine  the  time  and  manner 
in  which  hogs  and  sheep  shall  be  permitted  to  run  at  large,"  be 
and  the  same  is  hereby  declared  inapplicable  to  said  counties  of 
Stark  Putnam  and  McLean,  whether  the  same  are  now  or  may 
hereafter  be  organized  under  the  provisions  of  said  act. 

§  3.  This  act  shall  take  effect  and  be  in  force  from  £,a4  afler 
the  first  day  of  April,  1855. 

Approved  February  14,  1855. 


[DIV.  7.  LOCAL   AND   SPECIAL   PROVISIONS.  239 

COOK   COUNTY. 

An  Act  to  amend  an  act  entitled  "  An  act  to  provide  for  township  organiza-  jn  fy^ce  Feb 

tion."  ary  21,  1869™* 

Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois,  section  amended. 
represented  in  the  General  Assembly,  That  the  fourth  section  of 
article  sixteenth  of  an  act  to  provide  for  township  organization, 
approved  February  17,  1851,  so  far  as  is  applicable  to  the  county 
of  Cook,  be  so  amended  that  it  shall  require  two-thirds  of  all  the 
supervisors  elected  to  appropriate  money  from  the  county  treasury 
for  construction  of  roads  and  bridges. 

§  2.     This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  February  21,  1859. 

An  Act  to  change  the  time  of  holding  town  meetings  in  the  county  of  Cook,  in  force  Febm- 

Section  1.     Be  it  enacted  by  the  people  of  the  State  of  Illinois,  Town  meetings. 
represented  in  the  General  Assembly,  That   hereafter  the  annual 
town  meetings   in  the  county  of  Cook  shall   be  held  on  the  first 
Tuesday  next  after  the  first  Monday  of  November  in  each  year. 

§  2.  The  supervisor  of  each  town  in  said  county  of  Cook  shall  Board  of  election, 
be  the  moderator  of  the  meeting,  and  shall,  at  the  same  time,  be 
one  of  the  board  of  election,  now  provided  for  by  law.  The  town 
clerk  shall  also  act  as  one  of  the  clerks  of  the  election,  as  also  of 
the  town  meeting.  In  case  the  supervisor  and  town  clerk,  or  either 
of  them,  should  be  absent,  then  the  electors  present  shall  choose 
from  their  number  to  fill  the  board  of  election,  and  the  business  of 
the  town  meeting,  as  also  the  election,  for  state,  county,  town  and 
other  officers  shall  proceed  in  all  respects  as  if  they  were  present. 

§  3.     The  town  officers  now  in  office  in  said   county  of  Cook,  xown  offlcew. 
shall  hold  over  until  the  next  general  election  after  their  term  of 
office,  for  which  they  were  elected   expires,  and  until  their  suc- 
cessors are  elected  and  qualified. 

§  4.  In  the  towns  of  North  Chicago,  "West  Chicago,  South  Town  meeting 
Chicago,  and  such  other  towns  as  may  hereafter  be  created  out  of  abolished, 
said  towns,  the  town  meetings  now  provided  for  by  law,  shall  be 
abolished  and  the  board  of  auditors,  now  provided  for  by  law,  and 
the  assistant  supervisors  and  ward  supervisors  shall  constitute  a 
board,  who  shall  transact  all  the  town  business  now  provided  by 
law  to  be  transacted  by  the  town  meeting. 

§  5.  The  town  officers  for  the  towns  of  North  Chicago,  South  Town  officers. 
Chicago,  and  West  Chicago  shall  be  voted  for  by  wards  or  election 
precincts,  and  the  returns  of  the  elections  shall  be  made  to  the  town 
clerk  of  said  towns,  who,  calling  to  his  a?;sistance  two  justices  of 
the  peaca  of  said  county,  shall  canvass  the  votes  and  grant  certifi- 
cates oi  Section  to  the  persons  receiving  the  highest  number  of 
votes.  "he  judges  of  election  appointed  by  the  common  council 
of  the  city  of  Chicago  in  each  year,  shall  hold  said  elections. 


240 


LOCAL   AND    SPECIAL   PROVISIONS. 


[DIV.  7. 


Returns.  §   6.     The  board  of  election  shall  make   returns  to  the  county 

clerk   for   all   the  offices  voted  for,  except  the  town  officers,  and 
shall  declare  who  are  elected  town  oflacers,  as  now  provided  lor  by 
law. 
Special  town  §  7.     Special  town  meetings  may  be  held  during  the  year  1859, 

aneetuigs.  ^^  transact  the  business  which  the   changing  of  the  time  for  the 

annual  town  meeting  by  this  act,  may  make  necessary. 

§  8.     This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  February  24,  1859. 

In  force  Feb.  11,    An  Act  to  authorize  the  Board  of  Supervisors  of  Cook  County  to  borrow 
1851. 


SupevTisors  au 
tliorizeJ  to  bor 
row  money. 


ProTiso. 


Mouey  how 
appliu'.l. 


money. 

Sectiox  1.  Be  it  enacted  hy  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  Board  of  supervi- 
sors of  the  county  of  Cook,  and  their  successors  in  office,  be  and 
they  are  hereby  authorized  and  empowered  to  borrow  upon  the 
faith  and  pledge  of  said  county,  such  necessary  sum  or  sums  of 
money,  for  any  term  of  time,  and  at  such  rate  of  interest,  paj^able 
at  such  place  as  they  may  deem  expedient,  not  exceeding  fifty 
To  issue  bonds,  thousand  doUars,  and  to  issue  bonds  or  scrip  therefor,  under  the 
seal  of  the  county  court  of  said  county,  signed  by  the  chairman 
of  said  boai'd  of  supervisors,  or  by  his  successor  in  office,  and  coun- 
tersigned by  the  clerk  of  said  board,  or  his  successor  in  office  :  pro- 
vided, that  when  any  money  is  borrowed  under  the  authority  of 
this  act,  the  time  for  the  repayment  of  the  same  shall  be  so  fixed 
so  that  not  exceeding  five  thousand  dollars  of  the  principal  so  bor- 
rowed shall  fall  due  in  any  one  year.  Any  sum  or  sums  borrowed 
under  the  authority  of  this  act,  shall  be  applied  by  the  board  of 
supervisors,  or  their  successors  in  office,  for  the  use  and  benefit  of 
said*  county,  in  the  payment  of  the  debts  of  the  said  county,  and 
for  the  purchase  of  a  lot  or  lots  for  a  jail,  and  the  erection  thereof, 
in  and  for  said  county,  for  the  repayment  of  any  sum  or  sums  so 
borrowed,  with  the  interest  upon  the  same.  The  said  board  of  su- 
pervisors, or  their  successors  in  office,  are  hereby  authorized  to 
pledge  the  revenue  accruing  to  the  said  county. 

§  2.  The  board  of  supervisors  of  said  county,  or  their  succes- 
sors in  office,  are  hereby  authorized  and  required  to  levy  and  col- 
lect a  special  tax  upon  all  the  taxable  property  in  the  county  of 
Cook,  sufficient  to  pay  the  accruing  interest  semi-annually,  on  any 
sum  or  sums  they  may  borrow  under  the  authority  of  this  act,  and 
to  repay  the  principal  as  it  may  become  due,  at  a  rate  of  not  ex- 
ceeding five  thousand  dollars  in  any  one  year.  Said  taxes  shall 
be  levied  and  collected  at  the  same  time  and  in  the  same  manner 
that  other  taxes  of  said  county  are  levied  and  collected,  and  when 
collected,  shall  be  applied  by  said  board  of  supervisors,  or  their 
successors  in  office,  to  the  payment  of  the  interest  and  the  repay- 
ment of  the  principal  of  the  money  boiTowed  under  the  authority 
of  this  act,  and  to  no  other  use  or  purpose  whatsoever,  until  the 
whole  of  the  money  so  borrowed  is  paid  up  in  full ;  and  the  per- 


Special  tax. 


DTV.    7.]  LOCAL   AND   SPECIAL  PROVISIONS.  241 

sous  loaning  money  to  said  county  as  aforesaid  are  to  be  in  no  way 
responsible  for  the  faithful  application  or  use  of  the  money  thus 
borrowed. 

Approved  February  11,  1851. 

Au  Act  in  relation  to  Town  Meetings  in  Cook  County.  In  forop February 

Section  1.     Be  it  enacted  by  the  People  of  the  State  of  HHnois,  import  of  tax 
represented  in  the    General  Assembly,  That  at  any  regular  town  7"'^^  •*'  ^'^  """**■ 
meeting,  in  any  town  of  Cook  county,  except  the  towns  of  North 
Chicago,  South  Chicago  and  "West  Chicago,  where  the  legal  voters 
shall  vote  a  tax  for   any  purpose,  it  shall  be  the  duty  of  the  town 
clerk  of  such  town   to  report  to   the  county  clerk  of  said  county, 
within  five   days    thereafter,  the  amount  of  such  taxes,  voted  as 
aforesaid ;  and  said  county  clerk   shall  forthwith   enter  the  same 
upon  the  collector's  book  of  such  town,  before  the  deliveiy  of  such  cierk  to  pntoroo 
book  to  the  collector  ;  and  the  tax  so  voted  and  levied  shall  be  and  <^''"e«'or «  boot 
be  held  as  a  special  fund  for  the  purpose  for  which  the  same  was 
voted. 

§  2.     This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  February  21,  1861. 


16 


APPENDIX. 


[At  the  late  special  session  of  the  Legislature,  some  important 
acts  were  passed  affecting  township  organization.  A  further  edi- 
tion of  this  compilation  being  called  for,  the  compiler  has  thought 
proper  to  add  in  an  Appendix  those  acts  referred  to,  pa^ssed  at  the 
special  session,  which  acts  will  be  found  under  the  head  of  "MiLl- 
TABY  Affairs,"  in  the  Appendix;  these  relate,  among  other 
things,  to  the  assessment  and  collection  of  taxes  in  certain  cases, 
aad  certain  duties  of  boards  of  supervisors  and  township  assessors. 
Several  other  acts  of  a  general  nature  have  likewise  been  added 
in  this  Appendix,  being  considered  as  important  in  rendering  this 
compilation  more  complete.] 

CENSUS. 
(From  Chapter  Nineteenth  of  the  Revised  Statutes.) 

Section  1.     An  enumeration  of  the  inhabitants  of  this   state  census  taken 
shall  be  taken  on  the  first  day  of  July,  one  thousand  eight  hundred  "^'^''^  ^'■'-'  J*^"- 
and  forty-five,  and  at  the  end  of  every  five  years  thereafter. 

§  2.     The  enumeration  shall  be  taken  by  commissioners,  to  be  Taken  by  corn- 
appointed  by  the  county  commissioners'  courts  of  the  respective  ■^Jniej*'^  '^^' 
counties. 

§  3.     The  enumeration  of  the  inhabitants  of  any  unorganized  in  unorganized 
county  shall  be  taken  by  the  commissioner  of  the  county  to  which  J^keu'**  ^°^ 
such  unorganized  county  is  attached ;  the  table  of  enumerations  in 
such  counties  to  be  kept  distinct  from  each  other. 

§  4.     Before  entering  upon  their  duties,  each  of  such  commis^  commissioner  to 
sioners  shall  file  in  the  office  of  the  county  commissioners'  clerk  of  take  and  file  oath. 
his  county,  in  substance  the  following  oath:  "I,  A.  B.,  do  solemnly  Form  of  oath, 
swear,  that  I  will  make  a  just  and  perfect  enumeration  and  descrip- 
tion of  all  persons  resident  within   the   county   of  C,   (and  the 
county  of  D.,  thereto  attached,  when  such  is  the  fact,)  and  perform 
all  other  duties  required  of  me  by  law,  according  to  the  best  of  my 
knowledge  and  abilities." 

§  5.     Each  commissioner  shall  commence  taiking  such  enumera-  when  to  com, 
tion  on  the  first  day  of  July  in  each  year  in  which  such  enumora-  "'cuce  taking 
tion  is  required  to  be  taken,  and  shall  ascertain  and  set  down  in  a 
book  to  be  kept  for  that  purpose,  in  a  convenient  tabular  form,  the 
following  facts :  the  number  each,  of  white  males  and  females  of 


244  APPENDIX. 


What  facts  to  as-  ten  years  of  age  and  under ;  over  ten  and  not  over  twenty  ;  over 

certain  anc"  —'■--  -  -  ■  ,  .  , 

in  a  book. 


certain  and  enter  ^^g^j^y  ^nd  not  over  tliirty  ;  ovcr  thirty  and  not  over  forty  ;  over 


forty  and  not  over  fifty ;  over  fifty  and  not  over  sixty ;  over  sixty 
Number  of  males  and  not  over  seventy;  over  seventy  and  not  over  eighty;  over 
twwn  cel-'bdn^  eighty  and  not  over  ninety  ;  over  ninety  and  not  over  one  hundred ; 
«ges.  over  one  hundred :  also,  the  number  of  white  male  persons  between 

the  ages  of  eighteen  and  forty-five  years,  subject  to  military  duty : 
Persons  of  color,  also,  each,  of  free  male  and  female  persons  of  color,  of  all  ages ; 
French  negroes    of  indentured  or  registered  servants  and  their  children  ;  of  French 
and  muiattoes.    negroes  and  mulattoes  held  in  bondage  :  also,  the  number  of  manu- 
Manufact«rers.    factories  of  every  kind,  and  the  annual  product  of  each  kind ;  the 
Coal  miners.       number  and  annual  product  of  coal  mines  ;  the  value  of  live  stock ; 
Agricultural  and  valuc  of  grains    produced ;    value  of  all   other   agricultural    pro- 
other  products,    ducts ;  the  number  of  pounds  of  wool ;  number  of  mills  and  dis- 
tilleries ;  the  number  of  universities  or  colleges ;  academies  and 
grammar  schools,  and  common  schools,  with  the  number  of  pupils 
in  each. 
F.n\imeration  to       §  6.   "  The  Said  enumeration  shall  be  made  by  an  actual  inquiry 
iWiry".^^^*^*"*'  ^t  ^^^^  dwelling  house,  or  from  the  head  of  each  family,  when  the 
same  can  be  conveniently   done,  or  otherwise  from  the   best  in- 
formation that  can  be  obtained,  where  there  shall  be  no  fixed  place 
of  residence,  or  the  head  of  such  family,  or  other  person  to  be  in- 
cluded in  such  enumeration,  shall  be  absent  from  the  county  or 
state. 
Commissioners  to      §  7.     Each  of  Said  Commissioners,  shall,  on  or  before  the  first 
make  returns  of  ^^j  Qf  October,  of  cacli  year  in  which  the  enumeration  is  required 

census.  .'  •  i  n  i  i  • 

to  be  taken,  transmit  to  the  secretary  ot  state,  and  to  the  commis- 
sioners' court  of  his  county,  his  return,  by  him  duly  certified  as 
correct,  full  and  true,  so  far  as  he  has  been  able  to  ascertain.  He 
shall  also  transmit  to  the  adjutant-general  of  the  state  a  certifi(?d 
statement  of  the  number  of  persons  subject  to  military  duty. 
Shall  give  tota.  Such  Commissioner  in  his  report  shall  at  the  foot  of  each  coluliin, 
itante.'''^°^''^''^'list  or  class,  give  the  total  number  or  amount,  and  shall  give  the 

aggregate  number  of  all  the  inhabitants  of  the  state. 
Commissioner  §  8.     Each  Commissioner  failing  or  neglecting  to  make  proper 

tunw^*"™*"^^®*-^^"^'  ^^  aforesaid,  or  making  a  false  return  of  the  enumeration 
to  the   clerk  of  the  county  commissioners'  court  of  th6  county,  to 
the  secretary  of  state,  and  adjutant-general,  within  the  time  limited 
Penalty  therefor,  by  this  chapter,  shall  forfeit  the  sum  of  three  hundred  dollars,  re- 
coverable in  the   circuit  court,  of  the  county  where  such   offence 
shall  have  been  committed,  by  action  of  debt,  information  or  in- 
dictment ;  the  one-half  thereof  to  the  use  of  the  informer,  and  the 
Judges  to  give     Other  half  to  the  county.     And  for  the  more  effectual  discovery  of 
Soiu'n  charge^  ^^^^  offcnccs,  the  judgcs  of  the  several  circuit  courts,  in  this  state, 
to  grand  juries,    at  their  next  term  to  be  held  after  the  expiration  of  the  time  al- 
lowed for  making  the  returns  of  the  enumeration  hereby  directed, 
shall  give  this  chapter  in  charge  to  the  grand  juries  of  their  re- 
spective counties,  and  shall  cause  the  returns  of  the  commissioner 
to  be  laid  before  them,  for  their  inspection. 


DOCxS.  245 

§  9.     Each  person,  whose  usual  phxce  of  abode  shall  be  in  any  whoahniiboroQ. 
family,  on  the  said  first  Monday  in  July,  in  the  year  of  our  Lord, 'If;;™']' ""'' '"^- 
one  thousand  eight  hundi-ed  and  lorty-five,  and  on  the  hrst  Monday  i>er8of  ikmiii^. 
in  July,  every  fiftji  year  thereafter,  shall   be  returned  with   the 
members  of  such  family  ;  and  the  name  of  every  person  who  shall 
be  an  inhabitant  of  any  county,  or  the  attached  part  thereof,  with- 
out any  fixed  place  of  residence,  shall  be  inserted  in  the  county  in 
which  he  or  she,  shall  be  on  the  said  first  Monday  in  July ;  and 
every  resident  person  who  shall  be  absent  from  the  county  or  stale,  who  conaiaered 
at  the  time  of  taking  any  such  enumeration,  shall  be   set  down  as  '■"*''^''"'^- 
belonging  to  the  place  where  he  or  she,  usually  resides  in  this 
state. 

§   10.     Each  free  person,  over  the  age  of  sixteen  years,  whether  iieads  of  famiiioa 
heads  of  families  or  not,  belonging  to  any  family  within  any  county,  d"^;u-^o'iliut*'o^i' "' 
made  or  established  in  this  state,  shall  be  and  hereby  is  obliged  to  pewons  in  family, 
render  to  the  commissioner  appointed  in  said  county,  if  required,  a 
true  account,  to  the  best  of  his  or  her  knowledge,  of  every  pei-sou 
belonging  to  such  family,  respectively,  according  to  the  several 
descriptions  aforesaid,  on   pain  of  forfeiting  twenty  dollars,  to  be  Penalty  for  refus- 
sued  for  and  recovered,  by  action  of  debt,  by  such  commissioner,  "''^' 
for  the  use  of  the  proper  county:  provided,  that  in  all  cases  where  Proviso  as  uymm. 
any  such  fine   shall  be   assessed  against  any  minor  or  minors,  the*'" 
same  shall  be  paid  by  his,  her  or  their  parent  or  guardian ;  and  in 
case  of  his  or  her  refusal  to  pay  the  same,  an  attachment  may  be 
issued  to  enforce  the  payment  thereof. 

§  11.  Each  of  said  commissioners  shall  receive  at  the  rate  of  compensjuion  of 
two  dollars  for  every  hundred  persons  returned,  for  the  first  two  '-'«"'"'^'""<'''''- 
thousand ;  at  the  rate  of  one  dollar  and  seventy-five  cents  for  each 
hundred  persons  returned,  over  two  and  not  exceeding  three  thou- 
sand ;  at  the  rate  of  one  dollar  and  fifty  cents  for  the  fourth  thou- 
sand ;  at  the  rate  of  one  dollar  and  twenty-five  cents  for  the  fifth 
thousand ;  and  at  the  rate  of  one  dollar  for  each  hundred  over  and 
above  five  thousand ;  to  be  paid  out  of  the  state  treasury,  out  of  Compensation  to 

■,..-,  be  paid  out  of 

any  moneys  not  otherwise  appropriated.  state  trwuury. 

§  12.     The  seci-etary  of  state  shall  receive  and  file  such  returns  SeorL-ttry  of  ctata 
in  his  office,  and  return  the  same  to  the  speaker  of  the  house  of  return  t<.  spe;iker 
representatives,  on  or  before  the  second  day  of  the  next  session  "*^j|'j^'(V'^j,!_''  '^■'"*" 
after  such  enumeration  is  made  ;  and  the  adjutant-general  shall  file 
the  returns  to  be  made  to  hun  of  the  number  of  persons  subject  to 
militia  duty,  as  aforesaid,  in  his  office  ;  and  shall  immediately  there- 
after make  out  a  statement  of  the  whole  number  of  such  persons, 
and  report  the  same  to  the  secretary  at  war  of  the  United  States.  Report  to  the  ?ec- 

4  1   •»%■        in-injr-  letarv  ot  war. 

Approved  March  3,  1845. 

DOGS. 

An  Act  pi-oviding  for  the  payment  of  damages  done  by  Dogs.  J^  n  "^  itSM?**'"*^ 

Section  1.     Be  it  enacted  hy  People  of  the  State  of  Illinois,  Ovmerihxbio. 
represented  in  the  General  Assembly,  That  the  owner  of  any  dog  or 
dojjs  shall  be  liable  in  an  action  on  the  case  for  all  damages  that 


246  APPENDIX. 


may  accrue  to  any  person  or  persons  in  this  state,  by  reason  of  such 
dog  or  dogs  kiUing,  wounding,  or  chasing  any  sheep  or  other 
domestic  animal,  belonging  to  such  other  person  or  persons  ;  and 
when  the  amount  of  such  damages  does  not  exceed  one  hundred 
dollars,  the  same  may  be  recovered  by  an  action  before  a  justice  of 
the  peace. 
Authorize  to  kiu.  §  2.  If  any  pesrson  shall  discover  any  dog  or  dogs  in  the  act  of 
killing,  wounding,  or  chasing  sheep  in  any  portion  of  this  state,  or 
shall  discover  any  dog  or  dogs  under  such  circumstances  as  to 
satisfactorily  show  that  such  dog  or  dogs  has  been  recently  engaged 
in  killing  or  chasing  sheep,  for  the  purpose  of  kiUing  them,  such 
person  is  authorized  to  immediately  pursue  and  kill  such  dog  or 
dogs. 

This  act  to  take  effect  from  and  after  its  passage. 
Approved  February  11,  1853. 

ESTRATS. 

(From  Chapter  Thirty-ninth  of  the  Revised  Statutes.) 

Persons  taking  up      SECTION  1.     Every  person  who  shall  take  up  any  estray  horse, 
prowed.^""^  *°    mare,  colt,  mule  or  ass,  after  having  given  not  less  than  ten  nor 
more  than  fifteen  days'  notice,  by  posting  up  notices  in  three  of  the 
most  public  places  in  the  justice's  district  in  which  he  resides,  shall 
take  the  same  before  some  justice  of  the  peace  of  the  county  where 
such  estray  shall  be  taken  up,  and  make  oath  before  such  justice, 
that  the  same  was  taken  up  at  his  or  her  plantation  or  place  of  resi- 
dence in  said  county,  and  that  the  marks  or  brands  have  not  been 
altered  since  the  talcing  up. 
Justice  to  appoint      §  2.     The  Said  justice  shall  then  issue  his  warrant  to  three  dis- 
appraisers.  interested  housekeepers  in  the  neighborhood,  unless  they  can  other- 

wise be  had,  causing  them  to  come  before  him  to  appraise  said 
Appraisers  to  be  estray,  after  they  or  any  two  of  them  being  sworn  to  appraise  such 
^^'°'^°'  estray,  without  partiality,  favor  or  affection ;  which  appraisment, 

together  with  the  marks,  brands,  stature,  color  and  age  of  such 
Description  to  be  horsc,  mare  or  colt,  mule  or  ass,  shall  be  entered  in  a  book  to  be 
*^a!^^'^^'^^'^^^^^'^'^^V^  V  s^ch  justice,  and  certified  under  his  hand,  and  transmitted 
to  the   clerk  of  the  county  commissioners'  court  of  such  county, 
within  fifteen  days  after  the  same  is  taken  up. 
Proceedings  in         §  3.     Any  person  who  shall  take  up  any  head  of  neat  cattle, 

case  of  estray  cat-    ,  ,  ,/>,!•  •  >i,-  -i- 

tie,  sheep,  hogs  or  sheep,  hog  or  goat,  after  having  given  the  notice  required  in  sec- 
8°8'*8-  tion  one  of  this  chapter,  shall  go  with  some  householder  before  a 

justice  of  the  peace  of  the  county,  and  make  oath  before  him  as  is 
required  in  taking  up  an  estray  horse,  mare  or  colt,  mule  or  ass, 
and  then  such  justice  shall  take  from  such  housekeeper,  upon  oath, 
a  particular  description  of  the  marks,  brands,  color  and  age  of  every 
such  neat  cattle,  sheep,  hog  or  goat,  and  said  justice  shall  cause 
the  said  estrays  to  be  appraised,  in  like  manner  as  is  required  to  be 
done  in  case  of  a  horse,  mare  or  colt,  mule  or  ass ;  which  descrip- 
tion and  valuation  shall  be  entered  by  such  justice  in  a  book  to  be 


ESTRAYS.  247 

kept  by  him  as  aforesaid,  and  by  such  justice  transmitted  to  the  clerk 
of  the  county  commissioners'  court  of  the  county,  to  be  by  him  kept 
as  before  directed  :  provided,  that  in  all  cases  where  the  value  of  ProvUo  as  to 
such  neat  cattle,  sheep,  goat  or  hog,  does  not  exceed  five  dollars,  ^'^"*" 
said  justice  shall  not  be  required  to  make  a  return  to  the  clerk  as 
aforesaid ;  but  shall  enter  in  his  estray  book  the  description  and 
appraisement  value  of  such  sheep,  hog  or  goat,  and  advertise  the 
same  in  three  of  the  most  public  places  in  his  neighborhood. 

§  4.     Every  such  clerk  shall  cause  a  copy  of  such  description  cierk  to  poAtcopy 
and  valuation  of  every  neat  cattle,  sheep,  hog  and  goat  returned  to^^'|^j'j"''''°°''°** 
him,  to  be  publicly  affixed  at  the   court  house  door  of  his  county, 
within  five  days  after  the  same  shall  be  transmitted  to  him  as 
aforesaid,  for  which  he  shall  receive  the  same  fee  as  for  entering 
the  same  in  a  book. 

§  5.     If  two  or  more  estrays  of  the  Same  species,  are  taken  up  Two  or  more  ps- 
by  the  same  person  at  the  same  time,  they  shall  be  included  in  one  d™i''in'8ame"^pn- 
entry  and  one  advertisement,  and  in  such  case,  such  justice  and'^y. 
clerk  shall  receive  no  more  pay  than  for  one  of  such  species. 

§  6.     No  person  shall  be  allowed  hereafter  to  take  up  and  post  Time  of  taking  up 
any  head  of  neat  cattle,  sheep,  hog  or  goat,  between  the  month  of  **  '*^*' 
April   and  the  first  day  of  November,  unless  the   same  may  be 
found  in  the  lawful  fence  or  inclosure   of  the   taker  up,  having 
broken  in  the  same  ;  and  for  a  reward  of  taking  up,  there  shall  be  Reward  and 
paid  by  the  owner,  one  dollar  for  every  horse,  mare  or  colt,  mule*^    "^^  " 
or  ass  ;  and  for  every  head  of  neat  cattle,  fifty  cents  ;  and  for  every 
hog,  sheep  or  goat,  twenty-five  cents,  together  with  all  reasonable 
charges. 

§  7.     Proof  of  the  giving  of  notice  as  required  in  the  first  and  P'??''  "■  »"•"< 

I10tlC6  uOW  QllidG. 

third  sections  of  this  chapter,  may  be  made  by  tlie  oath  of  the 
person  advertising,  or  a  credible  witness,  previous  to  the  appraise- 
ment. 

§  8.     If  the  owner  of  any  such  animals  shall  prove  and  take  Charges  when 
them  away,  before  the  appraisement  thereof,  he  shall  pay  to  the  app'raisement. 
person  who  has  care  of  the  same,  all  reasonable  charges  for  taking 
up  and  keeping  the  same. 

§  9.     It  shall  not  be  lawful  for  persons  taking  up  estrays,  to  use  Not  to  use  before 
the  same  previous  to  advertising  them,  unless  it  be  to  milk  cows,    ^^'■'**'°k- 
and  the  like,  for  the  benefit  and  preservation  of  such  animals. 

§  10.     It  shall  be  the  duty  of  the  clerk  of  the  county  commis- AdTertisemont  or 
sioners' court  when  the  description  and  valuation  of  any  estray  or'S.st'o°WR'?nt'' 
herse,  mare  or  colt,  mule  or  ass  shall  be  transmitted  to  him  by  the  ^  P«biic  printer, 
justice  as  aforesaid,  and  in  ten  days  thereafter  make  out  a  copy 
thereof,  and  transmit  the  same  to  the  public  printer  of  the  state, 
and  indoi'se   thereon,  "  Estray  papers,"  together  with  the  sum  of 
one  dollar,  to  pay  the  said  printer ;  which  sum  the  taker  up  is  re-  Fee,  one  dollar, 
quii'ed  to  deposit  with  the  clerk  prior  to  the  expiration  of  said  ten 
days.     It  shall  be  the  duty  of  the  public  printer  to  publish  said  ad- Duty  of  public 
vertisement,  and  transmit  one  copy  of  each  number  of  his  paper  P"^**'- 
to  each  of  the  clerks  of  the  county  commissioners'  court  of  the 


248  APPENDIX. 


several  counties  of  this  state,  free  of  charge,  which  shall  be  regular- 
ly filed  by  said  clerks  in  their  respective   offices  for  the  examina- 
tion of  those  who  may  desire  it. 
After  one  year,         §  11-     And  if  no  owner  appear  and  prove  his  property  within 
SiieTup^*^^*^"*  one  year  after  such  pubUcation,  the  property  shall  be  vested  in  the 
taker  up  ;  nevertheless,  the  former  owner  may,  at  any  time  there- 
after, by  proving  his  property,  recover  the  valuation  money,  upon 
payment  of  costs  and  all  reasonable  charges. 
Pcuaity  for  dis-        §   12.     And  if  any  person  shall  trade,  sell,  or  take  away  any 
posii;gote3traj-8.  g^^jj  estray  or  estrays  out  of  the  state,  for  any  purjjose  whatever, 
before  the  expiration  of  said  one  year,  he  or  she  so  offending,  shall 
be  liable  to  indictment  in  the  circuit  court  of  the  proper  county, 
and  on  conviction  thereof,  shall  be  fined  in  a  sum  double  the  value 
of  the  property,  one-half  to  the  owner  thereof,  and.  the  other  half 
to  the  county  treasury ;  and  when  the  owner  of  any  estray  head  of 
neat  cattle,  sheep,  hog  or  goat,  does  not  prove  his  property  within 
twelve  months  after  the  same  has  been  pubHshed  at  the  door  of  the 
When  estray  does  court  liouse  as  aforesaid,  and  when  the  valuation  does  not  exceed 
value" tiT?do^.  fi^^  dollars,  the  property  shall  be  vested  in  the  taker  up  ;  but  when 
the  valuation  shall  exceed  five  dollars,  and  no  owner  appeal'  within 
the   time  aforesaid,  the   property  shall  also  be  vested  in  the  taker 
Former  owner     up  ;  nevertheless,  the  former  owner  may,  at  any  time,  by  proving 
tSL'^"^'''^       his  property,  recover  the  valuation  thereof,  upon  payment  of  all 
reasonable  costs  and  charges ;  and  if  the  taker  up  and  the  owner 
Charges  how  set-  can  not  agree  upon  the  charges,  they  shall  call  upon  three  disin- 
t.ed  upoLL  terested  householders,  whose  decision  shall  be  binding  on  both  par- 

ties ;  and  it  shall  not  be  lawful  for  any  person  to  take  up  any 
estray,  (except  such  as  shall  be  hereinafter  excepted,)  unless  he 
shall  be  a  freeholder  or'a  housekeeper. 
Estray  horse,  §  13.     Any  person  finding  a  stray  horse,  mare,  colt,  mule  or  ass, 

^yhh°ut"'thl°se^ running  at  large  without  any  of  the  settlements  of  this  state,  may 
•tiemcnt3.  take  Up  the  same,  and  shall  immediately  take  such  estray  or  estrays 

before  the  nearest  justice  of  the  peace,  and  make  oath  that  he  has 
not  altered  the  marks  or  brands  of  such  estray,  since  taking  up ; 
and  if  such  taker  up  shall  be  a  freeholder  or  housekeeper  within 
Proceedings  to    that  Qounty,  it  may  and  shall  be  lawful  for  him,  to  post  such  estray 
^appraise.  ^^  estrays  as  hereinbefore  directed  in  this  chapter,  as  if  the  same 

had  been  taken  up  on  his  plantation  or  place  of  residence ;  and 
when  the  taker  up  shall  not  be  qualified  as  aforesaid,  he  shall  take 
the  oath  before  required,  and  deliver  such  estray  or  estrays  to  the 
said  justice,  who  shall  cause  the  same  to  be  dealt  with  as  directed 
by  this  chapter. 
When  estray  shau     §  14.     If  no  owncr  appear  to  prove  his  property  within  one 
bidde^'^^^^^^V^^r' such  estray  or  estrays  shall  be  sold  to  the  highest  bidder, 
giving  public  notice  of  such  sale  twenty  days  previous  thereto,  the 
purchaser  giving  a  bond  and  approved  security,  payable  to  the 
county  commissioners'  court  of  the  county  where  such  estray  shall 
fnTthe'^c^nty  be  taken  up  ;  and  after  paying  the  taker  up  all  reasonable  charges, 
treasury.  ^q  baiance  ishall  be  put  into  tke  county  treasury  by  the  said  jus- 


ESTRAYS.  249 


tice,  who  shall  take  a  receipt  for  the  same  from  the  county  trea- 
surer ;  nevertheless,   the  former  owner,  at  any  time  within  two 
years  after  taking  up,  by  proving  liis  property  before  the  clerk  of  Owner  may  have 
the  county  commissioners'  court  of  said  county,  or  before  "the  ju3-^^u^fy"^,''j'^p,,. 
tice  of  the  peace  before  whom  the  property  was  taken  up,  and  ob-  >"«  proporu 
taining  a  certificate    thereof,  from  the  clerk  of  said  court  or  justice 
of  the  peace,  to  the  treasurer,  shall  receive  the  balance  aforesaid. 

§  15.  And  when  any  justice  of  the  peace  shall  fail  to  pay  any  Penalty  whou 
money  for  any  estray  or  estrays  to  be  sold  agreeably  to  this  chap-'}^y'™o!Ij"i^to'*' 
ter,  into  the  county  treasury,  within  three  months  after  selling  such  '^e  touuty  trcar 
estray  or  estrays,  such  justice   shall  forfeit  and  pay  the  sum  of 
twenty  dollars,  with  costs,  to  be  recovered  by  action  of  debt,  before 
any  justice  of  the  peace  of  the  county,  or  other  court  having  jurir- 
diction  thereof,  the  one-half  for  the  use  of  the  county,  and   the 
other  half  for  the  use  of  any  person  suing  for  the  same ;  and  more- 
over, be  liable  to  pay  the  price  of  such  estray  or  estrays,  with  in- 
terest thereon. 

§  16.     If  any  estray  or  estrays,  taken  up  as  aforesaid,  shall  die  when  a-tny  uie» 
or  get  away  before  the  owner  shall  claim  his  or  her  right,  the  taker  up^ouLijie.   " 
up  shall  not  be  liable  for  the   same  ;  and  if  any  person  shall   take 
up  any  estray  or  estrays,  at  any  other  place  within  the  inhabited 
parts  of  this  state  than  his  or  her  plantation  or  place  of  residence, 
or  without  being  qualified  as  required  by  this  chapter,  he  shall  for-  Penalty  when 
feit  and  pay  the  sum  of  ten  dollars,  with  costs,  recoverable  before  ^t^^wi'thoi"'^ 
any  justice  of  the  peace  of  the  county  where  the  offence  shall  have  b<»°g  (luuiitieu. 
been  committed,  and  not  having  property  sufficient  to  pay  such  fine, 
he  shall  be  liable  to  be  confined  one  month  in  the  jail  of  the  county 
where  he  may  be  found,  being  found  guilty  of  such  offence  accord- 
ing to  law ;  and  any  person  taking  up  any  estray  or  estrays  out  of 
the  limits   of  the   settlements    of  this    state,  and  failing  to  comply 
with  the  requisitions   of  this   chapter,  shall  be  liable  to  the  same 
penalties ;  and  if  any  person,  taking   up  any  estray  or  estrays  of 
any  species,  fail  to  comply  with  the  requisitions  of  this  chapter,  he  Penalty  where 
shall,  for  every  such  offence,  forfeit  and  pay  to  the  informer,  the  ^mpiy  with  pro- 
sum  of  ten  dollars  with  costs,  recoverable  before  any  justice  of  the  ^"^^"^  '^"' 
county  where  such  offence  shall  be  committed ;  one  half  to  the  use 
of  the  county,  and  the  other  half  to  the  use  of  the  person  suing  for 
the  same. 

§   17.     If  any  person  or  persons  shall  hereafter  stop  or  take  "P^'"^^f  "■ 
any  keel  or  flat  boat,  ferry  flat,  batteau,  pirogue,  canoe,  or  other 
vessel  or  water   craft,  or  raft  of  timber,  or  plank  found  adrift  on 
any  water  course  within  the  limits  or  upon  the  borders  of  this  state, 
and  the   same   shall   be  of  the  value  of  five  dollars  or  upwards,  it 
shall  be  the  duty  of  such  person  or  persons,  within  five  days  there-  Proceedinjrsjn 
after,  (provided  the  same  shall  not  before  that  time  be  proven  and*^*^° 
restored  to  the   owner,)  to  go  before  some  justice  of  the  peace  of 
the  proper  county,  and  make  afladavit  in  writing,  setting  forth  the 
exact  description  of  such  vessel  or  craft,  when  and  where  the  same 
was  found,  whether  any,  and  if  so,  what  cargo  was  found  on  board,' 


250  APPENDIX. 


and  that  the  same  has  not  been  ahered  or  defaced,  either  in  whole 
or  in  part,  since  the  taking  up,  either  by  him,  her  or  them,  or  by 
any  other  person  or  persons,  to  his,  her  or  their  knowledge ;  and 
the  said  justice  shall  thereupon  issue  his  warrant,  directed  to  some 
constable  of  his  county,  commanding  him  forthwith,  to  summon 
Justice  to  appoint  three  respectable  householders  of  the  neighborhood,  if  they  can  not 
appraisers.  Otherwise  be  had,  whose  duty  it  shall  be,  after  being  sworn  by  said 

Duty  of  apprais-  justicc,  to  proceed  without  delay  to  examine  and  appraise  such  boat 
*'*■  or  vessel,  and  cargo,  if  any,  and  make  report  thereof,  under  their 

hands  and  seals,  to  the  justice  issuing  such  wai-nint,  who  shaU  en- 
ter such  appraisement,  together  with  the  affidavit  of  the  taker  up, 
Duty  of  justice,   at  large  in  his  estray  book  ;  and  it  shall  be  the  further  duty  of  said 
justice,  within  ten  days  after  the  said  proceedings  shall  have  been 
entered  in  his  estray  book  as  aforesaid,  to  transmit  a  certified  copy 
thereof  to  the  clerk  of  the  county  commissioners'  court  of  his  county, 
to  be  by  him  recorded  in  his  estray  book,  and  filed  in  his  office. 
When  boat  shaU       §   18.     In  all  cascs  where  the  appraisement  of  such  boat  or  Water 
be  advertised,      craft,  including  her  cargo,  shall  not  exceed  the  sum  of  twenty  dol- 
lars, the  taker  up  shaU  advertise  the  same  on  the  door  of  the  court 
house,  and  in  three  of  the  most  public  places  in  the  county,  within 
ten  days  after  the  justice's  said  certificate  shall  have  been  entered 
on  the  records  of  the  county  commissioners'  court ;  and  if  no  per- 
son shall  appear  to  prove  and  claim  such  boat  or  water  craft  within 
After  six  months,  six  months  from  the  time  of  taking  up  as  aforesaid,  the  property  in 

Ster  up  ^^'^  "*  *^^  ^^^^  ^^^^  ^^**  i"  ^^^  ^^^^'^  ^P  '  ^^^  ^  ^^^  value  thereof  shall 
exceed  the  sum  of  twenty  dollars,  it  shall  be  the  duty  of  the  clerk 
of  the  county  commissioners'  court,  within  twenty  days  from  the 
time  of  the  reception  of  the  justice's  said  certificate  at  his  office,  to 
cause  an  advertisement  to  be  set  up  on  the  door  of  the  court  house, 
When  advertise-  and  also  a  notice  thereof  to  be  sent  to  the  pubhc  printer  as  afore- 
°ubii/hed^  b^      ^^^*^'  ^^^  shaU  pubUsh  the  same  as  aforesaid ;  and  if  the  said  ves- 
pubUc  printer,     sel  be  not  claimed  and  proven  within  six  months  from  said  adver- 
tisement, the  same   shall  be  vested  in  the  taker  up ;  nevertheless, 
Former  owner     the  former  owner  may,  at  any  time  thereafter,  recover  the  valua- 
veaueS^'rOTL^  tion  money  by  proving  his  property  and  allowing  to  the  taker  up  a 

reasonable  compensation  for  his  trouble,  and  costs  and  charges. 
Fees  and  compen-  §  19.  In  all  cascs  where  services  shaU  be  performed  by  any 
ehapter'"^^^  ''^^  officers  or  Other  person  or  persons  under  this  chapter,  the  following 
fees  or  compensation  shall  be  allowed,  to  wit :  to  the  justice  of  the 
peace  for  administering  oath  to  the  taker  up  or  finder,  making  an 
entry  thereof,  with  the  report  of  appraisers,  and  making  and  trans- 
mitting a  certificate  thereof  to  the  clerk  of  the  county  commis- 
sioners' court,  fifty  cents  ;  to  the  clerk  or  justice  for  taking  proof 
of  the  ownership  of,  and  grahting  a  certificate  of  the  same,  twenty- 
five  cents ;  for  registering  each  certificate  transmitted  to  him  by 
any  justice  as  aforesaid,  twelve  and  a  half  cents ;  for  advertise- 
ments, including  the  newspaper  publications,  fifty  cents  in  addition 
to  the  cost  of  such  pubhcation ;  to  the  constable  for  each  warrant 
BO  served  on  appraisers,  twenty -five  cents  ;  and  to  each  appraiser 


HORSES.  2";1 

the  sum  of  twenty-five  cents  ;  which  said  fees  t^hall  be  paid  by  tlie 

taker  up  to  the    person  entitled  thereto,  whenever  said  services 

shall  be  rendered.     All  which  costs  and  charges  shall  Ije  reimbursed  Cosuand  chaniw 

to  the    taker  up  or  finder,  in   all  cases  wliere  restitution  of  the'"'*'^^'""***- 

property  shall  be  made  to  the  owner,  in  addition  to  the  reward  to 

which  such  person  may  be  entitled  for  tjiking  up  as  aforesaid. 

§  20.     If  any  person  shall  act  contrary  to  the  duties  enjoined  by  penalty  when 
this  chapter,  for  which  no  penalty  is  hereinbefore  pointed  out,  the  p«'*o'^ait/on- 
person  so  offending  shall,  on  conviction  thereof,  forfeit  and  pay  for  chapter, 
every  such  offence,  not  less  than  five  nor  more  than  one  hundred 
dollars,  to  be  sued  for  in  the  name  of  the  proper  county,  before 
any  justice  of  the  peace  or  other  court  having  cognizance  thereof. 

Approved  March  3,  1845. 

HORSES. 
(From  Chapter  Forty-nine  of  the  Revised  Statntes.) 

Section  1.     It  shall  be  lawful  for  any  person  to  take  up  any  stoned  horws 
stoned  horse  that  may  be  found  running  at  large  out  of  the   in-  running »'  i^nre, 

1  n   ^t  1  1  1111,.  may  be  taken  up. 

closure  or  the  owner  or  keeper,  more  than  one  year  old,  and  shall 

give  notice  thereof  to  the  owner  or  keeper;  and  if  such  owner  or NoUce toowner. 

keeper  shall  not  take  away  or  secure  the  same,  allowing  him  one 

day  for  every  fifteen  miles  he  may  reside  from  such  taker  up,  the 

tiiker  up  shall  take  or  show   the  same  to  a  justice  of  the  peace  Proceedings  when 

within  the  county,  and  if  it  shall  appear  to  such  justice,  that  paid'^"'^'*"***'*''®"' 

horse  is  more  than  one  year  old,  he  shall  issue  his  waT-rant  to  some 

person  skilled  in  the  business,  to  geld  such  stoned  horse ;  or  the 

same  may  be  shown  by  the  taker  up,  to  any  horse  farrier,  or  other 

person  of  the  county,  well   skilled  in   Ae   age   of  horses ;  and  if, 

upon  view  and  examination,  the  horse  shall  be  considered  of  the 

age  of  one  year  old,  the  person  so  examining,  if  he  be   skilled  in 

the  business,  may  geld  and  alter  the  same ;  if  not,  he  shall  give  a 

certificate  relative  to  the  age  thereof,  and  the  taker  up  may  then 

take  said  horse  to  some  person   skilled  as  aforesaid,  and  have  the 

same  gelded,  and  in  performing  the  operation,  reasonable  care  shall 

be  taken  to  preserve  the  life  of  the  animal ;  but  should  the  owner  when  horse  ?han 

not  be  known  to  the  taker  up,  he  shall  advertise  the  same  in  three  **  advertised. 

of  the  most  public  places  in  the  county  for  ten  days,  giving  a  true 

i  description  thereof;  and  if  no  o%vner  or  person  on  his  behalf,  shall, 
by  that  time  appear  and  take  charge  of  said  horse,  such  taker  up 
may  proceed  as  above  directed,  and  have  the  same  gelded ;  and 
the  owner  shall  pay  to  the  taker  up  the  sum  of  two  dollars,  together 

i  with  reasonable  charges  for   advertising  and  keeping  the  same,  if  charges  how 

t  the  same  be  advertised,  and  the  person  altering  shall  be  paid  by  p"*^- 

.  the  person  applying  to  have  the  same  done. 

§  2.     It  shall  not  be   lawful  for  any  person  to  alter  any  horse  Horses  acdden- 
that  is  known  to  be  kept  for  covering  mares,  which  may  accidentally  ghafi  be  ret^^ 
break  out  of,  or  from  the  possession  of  the  owner  or  keeper,  andt^^ieo^e'- 
be  found  running  at  large  ;  in  that  case  the  same  shall  be  takeu 


252  APPENDIX. 


to  the  owner  or  keeper,  without  unnecessary  delay,  and  the  owner 

or  keeper  shall  thereupon  pay  such  person,  so  taking  up  and  de- 

hvering  the  said  horse,  the   sum  of  two  dollars;  and  should  the 

Expenses  and      trouble  and  expense  of  taking  up,  keeping  and  delivering,  be  ex- 

troubie,  huw       traordinary  and  great,  a  further  and  liberal  sum  shall  be  paid  by 

the  owner  or  keeper  of  such  horse  to  the  person  so  taking  up  and 

delivering ,  but  if  the  owner  or  keeper  of  any  stoned  horse,  whether 

Penalty  for  wU-  he  be  kept  for  covering  mares  or  not,  shall  negligently  or  wilfully 

fully  suffering     guffer  the  samc  to  run   at  large,  out  of  his  inclosure,  any  person 

horse  to  run  at  ■,   r      l      •  -i  '        J    l 

large.  may  take  such  horse  up,  and  lorthwith  have  the  same  gelded  by 

some  person  skilled  in  the  business,  which  shall  be  done  carefully, 
and  the  owner  or  keeper  shall  pay  to  such  taker  up,  the  sum  of 
five  dollars  ;  the  taker  up  paying  the  fee  or  charge  for  gelding ; 
and  the  owner  or  keeper  shall,  moreover,  be  liable  for  and  pay  all 
damages  which  any  person  may  sustain,  in  consequence  of  such 
horse  running  at  large ;  and  if  any  horse  shall  die,  or  be  injured, 
in  consequence  of  such  gelding,  the  same  being  carefully  done  by 
a  person  skilled  in  the  business,  as  above  contemplated,  the  owner 
-,  or  keeper  thereof  shall  have  no  recourse  whatever  for  damages 

upon  such  taker  up,  or  person  who  shall  have  gelded  the  same. 
Where  owner  does      §  3.     If  the  owner  or  keeper  of  any  horse,  or  other  person  in 
teke'^away'^ho^rse.  ^^^  behalf,  shall  uot  appear  and  take  charge   of  the  same,  after 
being  altered  as  aforesaid,  the  taker  up  shall  take  care  of,  feed  and 
nourish  the  same,  until  said  horse   shall  have  recovered,  and  shall 
then  turn  the  same  out,  and  the  owner  shall  pay  to  such  person  a 
reasonable  sum  in  money  therefor. 
Horses  having  in-      §  4.     If  any  pcrson  shall  suffer  to  run  at  large,  or  keep  in  any 
Mtpmi^ittciTto  pl^ce  where  other  creatures  can   have   access  to,  and  become  in- 
run  at  liu-ge.       fected,  any  horse,  mare,  gelding,  mule  or  ass,  that  is  known  to  the 
owner  or  the  person  having  the  same  in  his  care  and  possession, 
to  be  afflicted  with  glanders,  distempers  or  any  other  infectious 
Penstity.  disease,  he  shall  be  fined  in  the  sum  of  twenty  dollars,  and  shall  be 

liable  to  pay  all  the  damage  that  may  result  from  such  running  at 
large,  of  such  afflicted  horse,  mai-e,  gelding,  mule  or  ass,  to  be  re- 
covered before  any  justice  of  the  peace  in  the  county,  if  the  sum 
of  damages  be  under  one  hundred  dollars,  otherwise  in  the  circuit 
court. 
Penalty  for  ex-       §  5.     Any  person  letting  any  stallion  to  any  mare,  within  any ' 
poMng  conduct  to  tQ^n  Qj.  village  in  this  state,  the  same  not  being  incorporated,  or 
immediately  in  the  vicinity  thereof,  that  may  expose  such  conduct 
to  public  view,  shall  be  liable  to  pay  a  fine  not  exceeding  five  dol- 
lars, at  the  discretion  of  any  justice  of  the  peace,  to  whom  com- 
plaint shall  be  made,  with  costs  of  prosecution. 
Penalties  how  re      §  6.     All  sums  or  penalties  incurred  under  the  provisions  of  thia 
covered.  chapter,  provided  the  same  do  not  exceed   one  hundred   dollars, 

shall  be  recovered  before  any  justice  of  the  peace  ;  if  above  that, 
in  the  circuit  court ;  and  appeals  shall  be  allowed  as  in  other  cases, 
to  said  court. 

Approved  March  3,  1845. 


IDIOTS  AND   LUNATICS.  £53 


IDIOTS    AND    LUNATICS. 
(From  Chapter  Fifty  of  the  Revised  Statutes.) 

(1.)  Section  I.     Whenever  any  idiot,  lunatic  or  distracted  per- where  ioiot  or 
son  has  any  estate,  real  or  personal,  the  judge  of  the  circuit  court  '""t"-'''  **"^  '"^°" 
of  the  county  in  which  such  idiot,  lunatic  or  distracted  person  lives, 
shall,  on  the  application  of  any  creditor  or  relation,  or  if  tliere  be  Procecdiniw  bv 
neither   creditor    nor    relation,  then    any   person    living   in    such  [[^'j^""'"  "■"  **'"* 
county,  order  a  jury  to  be  summoned,  to  ascertain  whether  such 
person  be  lunatic,  insane  or  distracted  ;  and  if  the  said  jury  return, 
in  their  verdict,  that  such  person  is  lunatic,  insane  or  distracted,  it  Verdict  of  jury, 
shall  be  the  duty  of  the  judge  aforesaid  to  appoint  some  lit  person  Conservator  to  be 
to  be  the  conservator  of  sucli  idiot,  lunatic  or  distracted  person.'       appomtcJ 

(2.)   Sec.  II.     The  conservator  of  such  estate,  so   appointed,  Conservator  to 
shall  enter  into  bond  with  sufficient  security,  to  be  approved  by  the  ^''" '^°"'^" 
said  judge,  to  the  treasurer  of  the  county  in  which  such  idiot,  luna- 
tic or  distracted  person  resides,  in  double  the  amount  of  such  estate, 
for  the  faithful  discharge  of  his  duty, 

(3.)  Sec.  III.     Such  conservator  shall  have  the  entire  care  of  conncrvator  to 
the  estate  of  such  idiot,  lunatic  or  distracted  person,  both  real  and^*^^"''"*^'"'*'°' 
personal ;  and  such  conservator   shall  forthwith  make  a  true  and 
perfect  inventory  of  said  estate,  and  return  the  same  into  the  office  Make  inventory 
of  the  clerk  of  the  circuit  court  of  said  county,  where  it  shall  be  ""'^  '"*-'*"'■"  '^'*™e- 
kept  on  file ;  and  shall  render  his  account  to  the  judge  of  said  Shaii  render  ac- 
coui't,  of  the  management  of  such  trust,  when   thereto   required  ;'^''"°'" 
and  shall  be  allowed  by  such  judge  reasonable  compensation  for  Compeus.vtion. 
his  services.     And  said  court  shall  have  power  to  remove   such  May  be  removed. 
conservator  for  neglect  of  duty  or  mismanagement  of  his  trust,  and 
appoint  another  in  his  place. 

(4.)   Sec.  IV".     It  shall  be  the  duty  of  such  conservator,  to  ap- Annual  income 
ply  the  annual  income  and  the  profits  thereof,  to  the  support  of  such  ''""  "Pi>''eti. 
idiot,   lunatic  or  distracted  person,  his   or  her  family.     He  shall  Debts  to  be  coi- 
have  power  to  collect  all  debts  due  to  such  person,  and  to  institute  '^'^'^' 
suits  for  that  purpose,  and   to   adjust  and  settle  all  accounts  and 
debts  due  from  him  or  her ;  he  may  sell  or  dispose  of  the  personal  May  seu  proper- 
estate  to  pay  his  or  her  debts,  or  to  support  him  or  her,  or  his  or  *^' 
her  family,  and  to  educate  the  children  of  the  same. 

(5.)   Sec.  V.     The  said  conservator  may  sue  and  be  sued,  in  Conservator  may 
every  instance,  as  the  representative  of  the  person  so  insane,  luna-  ^"^  ''"'^  ®  ^"®  ' 
tic  or  distracted,  and   execution   may  issue   in   the   name  of  and 
against  the  said  conservator,  as  representative  as  aforesaid ;  and  all 
the  property  of  such  person  may  be  sold   to  pay  his  or  her  just 
debts,  that  might  or  could  be  sold  in  other  cases. 

(6.)   Sec.   VI.     The   overseers   of   the  poor    in   every  county.  Overseers  of  the 
shall  take  charge  of  the  body  of  any  person  so  insane,  lunatic  or  dSwge  of  lurltic. 

(1)  In  a  proceeding,  under  the  statute,  to  procure  tlie  appo.ntiiient  of  a  con- 
t  eervator  to  a  lunatic,  the  lunatic  must  have  reasonable  notice,  or  the  iuquiai- 
I  tion  will  be  set  aside.     Uddy  v.  2'he  People,  16  111.,  386. 


254  APPENDIX. 


distracted,  and  shall  have  power  to  confine  him  or  her,  and  shall 
comfortably  support  such  person, and  make  out  an  account  theieof", 
and  return  the   same  to  the  county  commissioners'  court,  whose 
duty  it  shall  be  to  make  an  order,  requiring  the  treasurer  of  said 
county  to  pay  the  same  out  of  any  money  in  the  treasury  of  said 
county  not  otherwise  appropriated. 
When  lunatic  re-      (7.)   Sec.  VII.     If  such  person,  as  aforesaid,  shall  be  restored 
propc^rty  ITbTre-  *«  ^^^  ^^  ^^r  reason,  then  what  remains  of  his  or  her  property  and 
Ktoied.  estate,  shall  be  returned  to  him  or  her ;  or  in  case  of  his  or  her 

death,  to  his  or  her  heirs,  executors  or  administrators,  after  a  rea- 
sonable allowance  to  said  conservator  for  his  services,  to  be  ascer- 
tained by  the  judge  of  said  court. 
Contracts  with         (8.)   Sec.  VIII.     All    Contracts,    agreements    or   credits    with 
tics  to  ^  yoid"^'  idiots,  lunatics  or  distracted  persons,  either  by  note,  bond,  bill  or 
otherwise,  shall  be  void,  as  against  said  idiot,  lunatic  or  distracted 
person  ;  but  persons   making  such  contracts  or  agi'eements,  with 
such  idiot,  lunatic  or  distracted  person,  shall  be  bound  thereby. 
Penalty  for  trad-       (9.)   Sec.  IX.     If  any  persou  Or  persons  shall,  by  trading  with, 
luLiUc!^  '"^"^  "'  bartering,  gaming  or  any  other  device  possess  himself  or  herself,  or 
themselves,  of  any  property  or  valuable  thing,  belonging  to  any 
idiot,  lunatic  or  notoriously  distracted  person,  he,  she  or  they  .^hall 
be  deemed  guilty  of  swindling,  and  upon   conviction  thereof,  trhall 
be  liable  to  all  the  penalties  as  in  other  cases  of  swindling,  and  any 
person  may  appear  and  prosecute  with  eflfect. 
Approved  March  3,  1845.  * 

An  Act  to  provide  /or  the  Sale  of  the  Estates  of  Insane  Persons. 
Proceedings  to         (10-)   Sec.  I.     Beit  enacted  h,  the  People  of  the  State  of  I  Hi  noiSy 
idiot'^OT  lunatic."^  ^''-P''^*^'*^^^  *^  ^^^  General  Assembly,  That  whenever  it  shall  be- 
come necessary  to  sell  the  real  estate  of  idiots,  lunatics  or  disti-acted 
persons,  for  the  purpose  of  paying  debts,  supporting  a  family  or 
educating  children,  or  when  it  shall  be  deemed  proper  to  make  such 
sale  for  the  purpose  of  investing  the   proceeds  in  real  estate,  the 
conservator  shall  petition  the  circuit  court  of  the  county  in  which 
he  was  appointed^  or  in  which  the  parties  to  the  proceeding,  or  a 
part  of  them,  reside,  asking  that  an   order  or  orders  be  made, 
authorizing  such  sale. 
What  the  petition      (11.)  Sec.  II.     The  petition  aforesaid  shall  set  forth  and  state 
set  fo*rth."'  ^^  reasons  why,  and  the  purposes  for  which,  a  sale  of  real  et  tate 

is  deemed  necessary  or  proper,  and  shall  be  accompanied  by  an  in- 
ventory or  descriptive  list  of  all  the  real  estate  owned  or  possessed 
by  such  idiot,  lunatic  or  distracted  person,  together  with  a  statement 
of  the  accounts  of  the  conservator,  showing  the  disposition  of  the 
money,  property  or  effects  which  may  have  come  to  his  hands,  set- 
ting forth  also  the  names  of  all  persons  who  would  be  interested  in 
the  estate,  in  case  of  the  death  and  intestacy  of  the  owner  thereof, 
all  of  whom  shall  be  made  parties  to  the  proceeding. 
On  filing  petition,  (12.)  Sec.  III.  Upon  the  filinff  of  the  petition  aforesaid,  a 
summons  shall  be  issued  against  the  persons  made  parties  as  afore- 


eunimous  to 
issue 


V 

MARKS   AND   BRANDS.  255 


said,  and  which  shall  be  served  as  in  cases  in  chancery.     And  in  Non-re.-iaent  par 
case  any  of  said  parties  can  not  be  found,  or  reside  out  of  the  state,  *'**  "^ot'Seu. 
they  shall   be  notified  of  the  proceeding  by  pubUcatiou,  as  in  pro- 
ceedings in  chancery  against  non-residents. 

(13.)  Sec.  IV.     The  court  shall  appoint  guardians  ad  litem  for  Guardians  ad 
infant  parties,  when  no  guardians  shall  appear,  and  also  make  any  p^uei""^  "*'*^' 
and  all  oi'ders  necessary  to  bring  parties  before  it,  and  to  a  proper 
and  speedy  disposition  of  the  petition  in  a  manner  consistent  with 
the  facts  and  the   rights  of  all  parties  interested,  directly  or  indi- 
rectly, in  the  estate  to  be  affected. 

(14.)  Sec.  V.  When  all  parties  as  aforesaid  shall  have  been  Hearing  of  the 
notified  of  the  proceeding,  the  court,  upon  the  hearing  of  the  peti- "^^  ^^ '^" '=°"'^'- 
tion,  the  objections  thereto,  if  any  are  interposed,  and  all  facts  with 
respect  to  the  matter  thereof,  shall,  in  the  exercise  of  a  sound  dis- 
cretion, make  such  order  or  orders  as  may  appear  necessary  and 
proper  to  execute  the  provisions  of  this  act,  and  to  supply  conser- 
vators and  families  of  idiots,  lunatics  and  distracted  persons  with 
means  to  be  used  for  the  purposes  herein  expressed. 

(15.)   Sec.  VI.     Orders  of  sale  made  by  court  shall  describe  Orders  of  sale  to 
the  property  to  be  sold,  and  specify  the  terms  of  sale,  and  direct  p^",  *^    *  '^'^**' 
the  application  or  use  of  the  money ;  and  power  is  hereby  vested 
in  said  courts  to  make  any  and  all  orders  necessary  to  the  security 
and  proper  application  of  the  moneys  in  the  hands  of  conservators. 

(16.)   Sec.  VII.     Conservators  appointed  in  foreign  states  may  Conservators  of 
avail  themselves  of  the   provisions   of  this  act,  by  filing  a  copy  of  ""^^'sn  s 
their  appointment  with   the   clerk  of  the  circuit  court,  and  giving 
security  for  costs,  and  by  furnishing  satisfactory  evidence  that  they 
have  given  adequate  and   sufficient  security  for  the  faithful  and 
proper  application  of  the  funds  arising  from  the  sale. 

(17.)  Sec.  VIII.     This  act  shall  take  effect  and  be  in  force 
from  its  passage. 

Approved  Feb.  12,  1853. 

MARKS    AND    BRANDS. 

(From  Chapter  Forty -eight  of  flie  Revised  Statutes.) 

Section  1.     Every  person  in  this  state,  who  hath  cattle,  horses.  Persons  may  hav« 
hogs,  sheep  or  goats,  may  have  an  ear  mark  and  brand,  and  but^°jj^°„jg™^  " 
one  of  each,  which  shall  be  different  from  the  ear  mark  and  brand  c^^tt'e  and  other 
of  his  neighbors ;  which  ear  mark  and  brand  may  be  recorded  by 
the  clerk  of  the  county  court  where  such  cattle,  horses,  hogs,  sheep 
or  goats  shall  be. 

Sec.  2.     It  shall  be  the  duty  of  the  county  clerks,  in  the  re- county  clerks  to 
spective  counties  of  this  state,  to  keep  a  well-bound  book,  in  whicli  ^^■■^°^'^*^<^ 
they  shall  record  the  marks  and  brands  of  each  individual  who 
may  apply  to  them  for  that  purpose ;  for  which  they  shall  be  enti- 
tled to  demand  and  receive  the  sum  of  twelve  and  a  half  cents  ;  Fees  for  record- 
and  the  book  in  which  the  same  are  recorded,  shall  be  open  to  the  "*^' 


256  APPENDIX. 


examination  of  every  citizen  of  the  county  at  all  reasonable  office 

hours,  free  of  charge. 

Marks  and  brands      Sec.  3.     If  any  dispute  shall  arise  about  any  ear  max'k  or  brand, 

e^'e'^to'thll^  i^  s^i^^  ^^  decided  by  reference  to  the  book  of  marks  and  brands 

ord.  kept  by  the  county  clerk,  but  such  book  shall  be  prima  facie 

evidence  only. 
Persons  purchas-      Sec.  4.     Any  person   purchasing  or  acquiring  horses,   cattle, 
Sang^mS     ^^r,^i  shccp  or  goats,  whcu  he  brands  or  marks  the  same  in  his 
and  brands  in    brand  or  mark,  after  the  acquisition  of  the  same,  may  do  it  in  the 
nessts.''*  °  ^     presence  of  one  or  more  of  his  neighbors,  who  are  authorized  to 
certify  to  the  fact  of  the  marking  or  branding  being  done,  when 
done,  and  in  what  brand  or  mai'k  the  same  were,  previously,  and  in 
what  brand  or  mark  they  were  re-branded  or  re-marked.     Such 
certificate  shall  not  be  deemed  evidence  of  property  in  the  animal 
branded,  but  only  prima  facie  evidence  of  the  facts  therein  certi- 
fied to. 

Approved  March  3,  1845. 

MILITARY    AFFAIRS. 

In  force  May  2,  An  Act  creating  a  War  Pund  and  to  provide  for  auditing  all  accounts  and  dig- 
■  bursements  arising  under  the  call  for  Volunteers. 

Appointment  of       SECTION  1.     Be  it  enacted  hn  the  People  of  the  State  of  Illinois, 

commissioners.  ,    .         .        y-,  »     ^         "^   ,  .        r^^^  1  1       p  •       • 

represented  in  the  treneral  Assembly,  1  hat  a  board  ot  commission- 
ers to  consist  of  three  prudent  and  discreet  men,  be  created,  who 
shall  audit  all  accounts  for  Supplies  and  munitions  of  war,  camp 
equipage  and  provisions,  equipments,  clothing  and  supplies,  furnish- 
ed for  any  portion  of  the  Ilhnois  troops  on  special  service,  under 
the  orders  of  the  governor,  and  all  accounts  in  any  way  or  manner 
originating  under  the  call  of  the  president  for  volunteers,  or  the 
proclamation  of  the  governor  for  such  volunteers,  or  which  should 
properly  be  charged  to  the  war  fund ;  and  no  accounts  shall  be 
allowed  or  paid  by  the  governor  which  are  not  approved  by  said 
board. 

§  2.  All  funds  or  moneys  which  shall  be  raised  or  appropriated 
under  any  act  of  this  session  of  the  general  assembly,  except  for  the 
payment  of  the  expenses  of  the  same,  shall  be  kept  separate  and 
apart,  and  be  denominated  the  war  fund. 

^to  of  commis-  §  3^  ^^le  said  commissioners  shall,  before  proceeding  to  exer- 
cise the  powers  herein  conferred,  be  sworn  or  affirmed  to  faithfully 
perform  the  duties  enjoined  upon  them  by  this  act,  and  shall  meet 
at  such  place  or  places  as  they  shall  appoint,  of  which  due  notice 
shall  be  given,  and  proceed  to  examine  all  such  bills  and  accounts, 
and  examine  all  vouchers,  and  hear  all  such  evidence  as  may  be 
presented  to  them  under  the  provisions  of  this  act;  and  shall  ap- 
prove and  allow  all  such  bills  and  claims  as  shall  be  shown,  in  their 
judgment,  to  be  just  and  reasonable,  taking  into  consideration  the 
circumstances  under  which  they  were  created. 

Report  §  4.     They  shall  make  out  a  detailed  report,  accompanied  by 


MILITARY   AFFAIRS.  257 


the  necessary  vouchers,  in  \witing,  to  the  governor,  for  all  claims 
allowed  by  them,  with  the  names  of  those  in  whose  favor  they  are 
allowed,  and  the  amounts  thereof,  and  for  wliat  allowed,  and  if  the 
same  be  approved  by  the  governor,  the  auditor  shall  draw  his  war- 
rant upon  the  treasury  for  the  sums  therein  specified  in  favor  of 
the  pei'sons  therein  named  or  their  assignees,  to  be  paid  out  of  the 
s^id  war  fund. 

§  5.  All  claims  and  accounts  accruing  against  the  state  for  war  Limitation  of 
expenses  or  disbursements,  which  are  specified  in  this  act,  and  '■'"""'*• 
which  have  already  accrued,  shall  be  presented  within  three 
months  from  the  passage  of  this  act,  and  all  otlier  claims  shall  be 
presented  within  three  months  from  the  accruing  of  the  same,  or 
tlie  same  shall  be  considered  as  donated  to  the  state,  and  shall  not 
thereafter  be  allowed  under  any  pretense  whatever. 

§  6.     Any  vacancy  or  vacancies  occurring  in  said  board,  shall  vacancies. 
be  filled  by  appointment  by  the  governor,  until  otherwise  directed 
by  the  legislature. 

§  7.     The  governor,  by  and  with  the  advice  and  consent  of  the  Compensation  of 
senate,  shall  appoint  said  board,  and  their  compensation  shall  be  ^*^'''^- 
five  dollars  per  day,  for  each  day  actually  employed,  to  be  paid  out 
of  the  war  fund :    provided,  that  said  board  shall  only  remain  in 
session  so  long  as  is  absolutely  necessary  for  the  prompt  and  efii- 
cient  dischai'ge  of  its  duties. 

§  8.  The  governor,  auditor  and  treasurer  be  and  they  are  here-  issue  of  bonds. 
by  authorized  to  issue  bonds  of  the  state  of  Illinois,  bearing  inter- 
est at  six  per  cent,  per  annum,  for  such  sums  as  they,  or  a 
majority  of  them,  may  deem  necessary  for  the  purpose  of  organiz- 
ing the  militia,  repelling  invasion  and  defending  the  state  in  war, 
and  to  sell  the  same  for  the  best  price,  and  on  the  best  terms, 
which  can,  in  their  judgment,  be  obtained  for  the  same,  in  money — 
five  hundred  thousand  dollars  of  said  sum  to  be  issued  in  denomin- 
ations of  one  hundred  dollars ;  five  hundred  thousand  dollars  of 
said  sum  to  be  issued  in  the  denomination  of  five  hundred  dollars ; . 
and  one  million  of*  dollars  of  said  sum  of  the  denomination  of  one 
thousand  dollars.  The  principal  reimbursable  at  the  pleasure  of 
the  state,  after  the  year  of  our  Lord  eighteen  hundred  and  seventy- 
nine,  (1879,)  in  the  city  of  New  York,  and  the  interest  payable 
semi  annually  on  the  first  Mondays  of  January  and  July  in  each 
year,  at  such  place  in  the  city  of  New  York  as  may  be  designated 
by  public  notice  in  three  newspapers  published  in  said  city,  one 
month  before  such  interest  shall  become  due. 

§  9.  The  aggregate  amount  of  bonds  which  shall  be  issued  Amount  rf 
under  tlie  provisions  of  this  act,  shall  not  exceed  two  millions  of 
dollars.  The  bonds  which  were  prepared  for  refunded  stock  under 
the  act  of  February  22d,  a.  d.  1859,  may  be  issued  under  this  act, 
as  far  as  applicable ;  but,  in  such  case,  there  shall  be  printed 
across  the  face  of  the  same  the  following  words :  "  Issued  under 
the  act  creating  a  war  fund  and  to  provide  for  auditing  all  accounts 
and  disbursements  arising  under  the  call  for  volunteers."     The  in- 

17 


258 


APPENDIX. 


terest  on  said  bonds  shall  not  commence  running  previous  to  July 
1st,  1861.  And  to  provide  for  the  payment  of  such  interest  it 
shall  be  the  duty  of  the  auditor  of  public  accounts  to  assess,  an- 
nually, upon  the  taxable  property  of  this  state,  in  addition  to  all 
other  taxes,  a  sum  sufficient,  with  the  interest  fund  not  otherwise 
appropriated,  if  any  there  be  in  the  state  treasury,  to  pay  the  inter- 
est upon  the  debt  hereby  created ;  which  said  sum  shall  be  assessed 
and  collected  in  the  same  manner  as  other  state  taxes  are  or  may 
be  assessed  and  collected.  The  fund  thus  collected  shall  be  kept 
with  the  interest  fund,  and  shall  be  applied  only  to  the  payment  of 
interest  on  the  state  debt.  For  the  payment  of  the  principal  and 
interest  of  said  bonds,  the  faith  and  credit  of  the  state  is  hereby, 
irrevocably  pledged. 

§  10.  It  shall  be  lawful  for  guardians  and  persons  holding 
money  in  a  fiduciaiy  capacity,  to  invest  the  same  in  the  purchase 
of  said  bonds  at  the  current  rates,  not  exceeding  par,  and  hold 
the  same  for  the  benefit  and  use  of  the  persons  whose  funds  they 
hold. 

§  11.  In  addition  to  the  bonds  authorized  to  be  sold  by  the 
preceding  section,  the  governor  is  also  further  authorized  to  seU 
the  bonds  of  the  state  of  like  character,  to  the  amount  of  fifty 
thousand  dollars,  to  supply  a  casual  deficiency  in  the  revenue 
fund,  and  provide  for  the  expenses  of  this  general  assembly. 

§  12.  In  no  case  shall  more  bonds  be  sold  or  used  than  may  be 
necessary  to  meet,  from  time  to  time,  the  actual  expenses  incurred 
in  carrying  out  the  provisions  of  this  act. 

§  13.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  May  2,  1861. 


Authority  of 
guardians. 


Additional  loan. 


Appropriations 
by  towns  and 


In  force  May  2,  An  Act  to  encouraffe  the  formation  and  equipment  of  Volunteer  Companies. 

1861. 

Section  1.  Be  it  enacted  hy  the  People  of  the  State  of  Illinois^ 
represented  in  the  General  Assembly,  That  the  corporate  authori- 
ties of  any  town  or  city  and  the  county  court  or  board  of  super- 
visors of  any  county  in  this  state,  is  hereby  authorized  to  appro- 
priate such  sum  as  they  may  deem  expedient,  for  the  purpose  of 
aiding  in  the  formation   and   equipment  of  volunteer  companies 

,  mustered  into  the  service  of  the  United  States  or  of  this  state,  for 

the  purpose  of  enforcing  the  laws,  suppressing  insurrection  or  re- 
pelling invasion,  and  to  aid  in  the  support  of  the  families  of  mem- 
bers of  such  companies,  while  engaged  in  such  military  service. 

§  2.  For  the  purpose  of  raising  the  means  to  pay  any  appro- 
priation made  pursuant  to  the  foregoing  section,  the  corporate  au- 
thorities of  any  town  or  city,  the  county  court  or  board  of  super- 
visors of  any  county  making  such  appropriation,  may  cause  a  tax 
to  be  levied  and  collected,  not  exceeding  five  mills  on  the  dollar, 
per  annum,  upon  the  taxable  property  of  such  town,  city  or 
county. 

Taxes.  §  3.     Any  appropriations  heretofore  made  by  the  authorities  of 


MILITARY   AFFAIRS.  269 


any  city,  town  or  county,  for  the  purpose  mentioned  in  the  first 
section  of  this  act,  are  hereby  legalized,  and  the  payment  thereof 
may  be  provided  for  by  the  levy  and  collcH'tion  of  a  tax,  not  ex- 
ceeding five  mills  on  the  dollar,  per  annum,  as  other  city,  town  or 
county  taxes. 

§  4.  It  shall  be  the  duty  of  the  proper  authorities  of  any  city,  Disbursing  agent 
town  or  county,  which  shall  make  or  has  heretofore  made  appro- 
priations, as  aforesaid,  to  appoint  some  pei*son  or  persons  to  dis- 
burse said  appropriation,  under  such  rules  and  regulations  as  such 
city,  town  or  county  authorities  may  direct ;  and  the  agent  or 
agents  making  such  disbursement,  shall  keep  full  and  true  accounts 
of  the  persons  to  whom  and  objects  for  which  such  disbursements 
are  applied,  and  render  an  account  of  the  same,  with  vouchers  and 
receipts  to  said  city,  town  or  county  authorities,  as  they  may  be, 
from  time  to  time,  required  ;  and  the  accounts  thus  rendered,  shall, 
with  accompanying  receipts  and  vouchers,  be  filed  and  preserved, 
and  be  subject  to  examination  as  other  public  records  or  archives 
of  such  city,  town  or  county :  provided,  the  state  shall  never  be 
chargeable  for  any  such  sums  raised  by  any  such  corporations. 

§  5.     This  act  shall  take  effect  from  and  after  its  passage. 

Apprdved  May  2,  1861. 

An  Act  to  amend  chapter  Seventy,  Revised  Statutes,  entitled  Militia.*     in  force  May  2, 

1861. 
Be  it  enacted  hy  the  People  of  the  State  of  Illinois,  represented  in 

the  General  AsseynUy : 

ARTICLE    I. 

Section  1.  The  militia  of  the  state  of  Illinois  shall  be  cora- 
posed  of  all  free  white  male,  able  bodied  citizens  thereof,  who  are 
between  the  ages  of  eighteen  and  forty-five  years ;  and  for  the 
purposes  of  this  act  permanent  residents  shall  be  deemed  citizens. 

§  2.     As  soon  as  may  be,  after  the  passage  of  this  act,  it  shall  List  to  be  made 
be  the  duty  of  the  assessors  of  townships,  in  counties  having  town-  ^^  a«»«8ors. 
ship  organization,  to  make  a  complete  list  of  all  persons  in  their  re- 
spective townships,  subject  to  military  duty  under  this  act,  one  copy 
of  which,  duly  certified,  shall  be  filed  and  recorded  in  the  office  of    • 
the  county  clerk  of  said  county ;  and  said  return   shall  be  made 
before  the  first  day  of  August  next. 

§  3.  It  shall  be  the  duty  of  the  assessors  in  counties  not  having 
township  organization,  to  make  a  like  complete  list  of  all  persons 
subject  to  military  duty  as  aforesaid,  in  their  respective  counties, 
and  cause  the  same  to  be  recorded  in  the  office  of  the  county 
clerks  of  their  I'espective  counties  as  soon  as  may  be,  and  by  the 
first  day  of  August  next. 

§  4.     It  shall  be  the  duty  of  the  county  clerks,  on  receipt  of  the  Filing  of  lists  with 
aforesaid  lists,  forthwith  to  forward  a  certified  copy  of  said  list  to  "'ijutant-geuerai. 
the  adjutant-general  of  this  state,  who  shall  cause  the  same  to  be 
filed  in  his  office. 

§  5.     Said  lists  shall  be  annually  corrected  by  said  assessors,  at 

*Thia  Act  is  repealed. 


260  APPENDIX. 


tia 


the  time   of  making   their   annual   assessments ;  copies   of  which 
shall  be  duly  certified,  forwarded  and  filed  as  aforesaid. 

ARTICLE    II. 

§  1.  The  said  militia  shall  be  divided  into  two  classes ;  first,  the 
voluntary,  and  secondly,  the  reserve. 
Voluntary  miU-  §  2.  The  first  class  shall  consist  of  those  who  voluntarily  or- 
ganize themselves  into  companies,  of  not' less  than  fifty  nor  more 
than  one  hundi-ed  members  each,  and  who  shall  haAc  a  uniform 
and  shall  elect  ofiicers  and  assemble  for  drill  and  purposes  of 
mihtary  discipline,  not  less  than  four  days  in  each  year,  and  who 
shall  be  furnished  with  arms  and  equipments  by  the  state,  and  be 
first  subject  to  call  or  draft  into  service  at  the  requisition  of  the 
governor. 

§  3.  The  second  class  shall  consist  of  those  who  do  not  or- 
ganize themselves  into  companies  as  aforesaid,  and  shall  also  be 
subject  to  draft,  or  called  into  service. 


ARTICLE    III. 

Company  officers.  §  1.  The  Company  shall  elect  their  own  officers  by  ballot,  who 
shall  appoint  the  non-commissioned  officers  of  their  respective 
companies,  and  the  companies  shall,  by  vote,  select  their  place  for 
drill,  and  shall  hold  special  drill  on  call  of  the  captain  or  vote  of 
the  company. 

Regimental  offl-       §  2.     Whenever,  in  the  opinion  of  the  governor  of  the  state,  the 

<*''^-  public  good  requires,  he  shall,  by  order,  direct  the  said  volunteer 

companies,  so  organized,  to  form  into  regiments  of  not  less  than 
five  nor  more  than  ten  companies  each,  and  to  that  end  shall 
designate  in  such  order  the  several  companies  which  shall  form  the 
respective  regiments,  and  the  time  and  place  when  and  where  the 
said  companies  shall  convene  for  the  purpose  of  electing  regimental 
officers,  at  which  time  and  place  the  said  companies  shall  proceed 
to  elect  by  ballot,  one  colonel,  one  heutenant-colonel  and  one  major, 
for  each  of  their  respective  regiments,  and  said  regimental  officers 
so  elected  shall  have  the  appointment  of  their  staffi 

Term  of  office  §  3.     Captains  and  lieutenants  of  companies,  and  the  elective 

officers  of  regiments,  shall  be  commissioned  by  the  governor,  for 
the  period  of  six  years  from  the  date  of  their  election,  respectively. 

Length  of  seiTice,  §  4.  Volunteer  militia  shall  serve  for  the  term  of  six  years, 
unless  discharged  by  age  or  other  legal  disability,  and  shall  ever 
afterwards  be  free  from  involuntary  military  duty,  except  in  case 
of  war  or  invasion,  and  shall,  during  said  service,  be  free  and  ex- 
empt from  personal  highway  tax  and  from  serving  as  jurors. 

ARTICLE    IV. 

Assessor's  pay.  §  1.  The  Said  asscssors  shall  receive  for  their  services  in 
making  the  list  mentioned  in  sections  two  and  three  in  article  first 


REVENUE. — ASSESSMENT.  261 


of  this  act,  the  sum  of  one  cent,  per  name  contained  in  said 
list  first  to  be  made,  to  be  paid  them  out  of  the  treasury  of  the 
state. 

§  2.  If  any  assessor  or  county  clerk  shall  willfully  refuse  or 
neglect  to  perform  the  duties,  or  any  of  them,  imposed  by  this  act, 
he  shall,  on  conviction,  be  fined  in  any  sum  not  exceeding  five 
hundred  dollars,  and  be  removed  from  office,  and  shall  not  there- 
after hold  any  office  of  honor  or  profit  in  this  state  for  five  years 
after  such  conviction. 

ARTICLE    V. 

§  1.     The  governor,  if  companies  so  organize  and  volunteer,  Artiiierj, cavai- 
raay  commission  the  officers  of  and  recognize  the  organization  of  '^'  ^^' 
artillery  companies,  companies  of  cavahy,  cc  mp  mies  of  sappers 
and  miners  and  an  ambulance  corps,  under  ti.e  p.ovisions  of  this 
act. 

§  2,     There  shall   be   filed  and  kept  in  the  adjutant-general's  Roiia  of  compar 
office,  of  this  state,  a  complete  roll  of  each  of  the  companiL-s  or-'^"'^" 
gaiiized  under  the  provisions  of  this  act,  and  the  record  of  tlie  date 
of  the  organization  of  each  company,  and  of  the  enlistment  of  each 
member  thereof, 

§  3.  Said  roll  shall  be  made  annually  by  the  officers  of  each 
company,  and  a  copy  of  the  same  shall  be  forwarded  to  the  adju- 
tant-general's office  of  this  state,  and  the  same  shall  be  kept  on  file 
in  his  office. 

§  4.     A  record  of  the   date  of  all  commissions  granted  under  Record  of  com- 
this  act  shall  be  kept  in  the  adjutant-general's  office,  and  coramis-™"**'""^' 
sioned  officers  shall  have  rank  according  to  the  date  of  their  re- 
spective commissions. 

§  5.  All  acts  or  parts  of  acts,  inconsistent  with  the  provisions 
of  this  act,  are  hereby  repealed. 

§  6.  Officers  and  members  of  volunteer  companies  elected 
under  the  provisions  of  this  act  shall  not  be  subject  to  the  orders 
of  officers  of  the  mihtia  of  this  state  not  organized  under  this 
act. 

§  7.  This  act  shall  be  in  force  and  take  effect  from  and  after 
its  passage. 

Approved  May  3,  1861. 

REVENUE. ASSESSMENT. 

An  Act  in  relation  to  Burying  Grounds,  Church  Yards,  and  Lands  used  by 
Literary  Institutions. 

(From  Revised  Statutes — Appendix,  Act  No.  49.) 
Section  1.     Be  it  enacted  by  the  People  of  the  State  of  Illinois.  Lot  not  exceeding 
represented  in  the  General  Assembly,  That  it  shall  be  the  duty  of  certified  to'ooin- 
societies  and  corporations  owning,  using  and  appropriating  lands,  missioners' court, 
not  exceeding  ten  acres,  for  burying  grounds,  church  ground:*,  and 
grounds  for  the  use  of  literary  institutions,  to  cause  to  be  certified 


262  APPENDIX. 


to  the  county  commissioners'  court  of  the  proper  county,  by  some 
credible  person  under  oath,  a  full  description  of  the  lands  by  metes 
and  bounds,  in  whom  the  title  is,  and  for  what  purpose  and  use  the 
land  is  held ;  and  if  it  shall  appear  to  said  court  that  such  land  is 
not  subject  to  taxation  according  to  the  revenue  laws  of  this  State, 
then  that  part  shall  be  certified  by  said  court  to  the  auditor  of  pub- 
When  not  subject  lie  accounts,  and  the  land  shall  remain  exempt  from  taxation  so 
to  taxation.  -^^^^  ^^  ^^  Continues  to  be  used  exclusively  for  the  purposes 
aforesaid. 

Approved  March  2,  1843. 

SHEEP. 
An  Act  for  the  improyement  of  Sheep,  and  to  promote  their  Increase. 

Bucks  not  to  run      SECTION  1.     Be  it  enacted  hy  the  People  of  the  State  of  llUnoisj 
at  large.  represented  in  the  General  Assembly,  That  it  shall  be  unlawful  for 

the  owner  or  owners  of  any  buck  or  bucks,  or  male  sheep  over  the 
age  of  six  months,  to  permit  such  buck  or  bucks  or  male  sheep  to 
run  at  large  in  any  highway  or  unenclosed  grounds  or  commons  in 
this  state,  or  without  the  enclosure  of  said  owner  or  owners,  be- 
tween the  fifteenth  day  of  June  and  the  fifteenth  day  of  Novem- 
ber in  each  year  hereafter. 
Duty  of  persons  §  2.  And  be  it  further  enacted,  That  it  .shall  be  the  duty  of  any 
to  take  up.  person  or  persons  finding  any  such  sheep  running  at  large  as  afore- 
said, to  take  up  and  confine  the  same,  and  notify  the  owner  or 
owners,  if  known,  and  in  case  such  owner  or  owners  are  not  known, 
then  such  person  so  taking  up  shall  give  notice  thereof  in  writing, 
by  posting  up  notices  in  three  public  places  within  the  precinct  or 
neighborhood  where  said  sheep  are  so  taken  up,  within  four  days 
after  such  taking  up,  describing  all  plain  marks  that  may  be  on  said 
sheep,  and  the  owner  or  owners  of  such  sheep  shall  be  entitled  to 
the  same  by  proving  property  and  paying,  or  agreeing  to  pay,  all 
reasonable  charges,  and  such  damages  as  the  sheep  may  have  done : 
Proviso.  provided,  such  charges  and  damages  shall  not  exceed  the  value  of 

the  sheep,  and  if  the  owner  or  owners  shall  not  comply  with  the 
above  requisitions  within  the  term  of  six  months  from  the  date  of 
such  notice,  then  in  that  case  the  said  sheep  shall  be  forfeited,  and 
become  the  property  of  the  person  so  taking  up  the  same :  provi- 
ded, that  if  the  inhabitants  of  any  county  in  this  state  shall  think 
themselves  aggrieved  by  the  provisions  of  this  act,  the  county  com- 
missioners or  county  court  of  said  county  shall  have  power  to  sus- 
pend the  operation  of  this  law  in  such  county  or  counties  for  a  con- 
venient time,  by  an  order  of  said  court,  posted  on  the  court  house 
door  of  said  county,  and  in  some  public  place  in  each  of  the  several 
precincts  of  such  county. 

Approved  February  10,  1849. 


WEIGHTS    AND    MEASURES.  Ofio 


"WEIGHTS   AND   MEASURES. 
(From  Chapter  One  hundred  and  eight  of  the  Revised  Statutes.) 

Section  1.     There  shall  be  but  one  standard  of  measure  of  shaii  be  one 
length  and  surface,  one  of  weight  and  one  measure  of  capacity  «'«.°daT(i  of 
throughout  this  state,  which  shall  be  in  conformity  with  the  standard  m«!^ures^" 
of  measure,  length,  surface  and  weight  established  by  Congress. 

Sec.  2.     All  commodities  sold  by  heaped  measure,  shall  be  duly  Heaped  measure, 
heaped  up  in  the   form  of  a  cone,  the  outside  of  the  measure,  by  ^'*''*  ^^^  ^*' 
which  the  same  shall  be  measured  to  the  extremity  of  the  base  of 
such  cone,  and  such  cone  to  be  as  high  as  the  articles  to  be  mea- 
sured will  admit. 

Sec.  3.     The  measures  used  for  measuring  dry  commodities  not  other  measures 
heaped,  shall  be  stricken  with  a  straight  stick  or  roller,  and  of  the  °°'  i»eaped. 
same  diameter  from  end  to  end. 

Sec.  4.     Contracts  hereafter  to  be  executed,  made  within  this  Contracts  to  ron- 
state,  for  any  work  to  be  done,  or  for  any  thing  to  be  "Sold,  deliver- y^"''"*'''^""''^' 
ed,  done  or  agreed  for  by  weight  or  measure,  shall  be  taken  and 
construed  to  be  made  according  to  the  standard  weight  and  meas- 
ure thus  ascertained. 

Sec.  5.     The    hundredweight   shall   consist   of  one   hundred  Hundred  wei^'ht 
pounds,  and  twenty  such  hundreds  shall  constitute  a  ton.  '"''*  '**''■ 

Sec.  6.     Whenever  wheat,  rye,  Indian  corn,  barley,  buckwheat  Weight  of  grain 
or  oats  shall  be  sold  by  the  bushel,  and  no  special  agreement  as  to  ^*'  *'"''iiei. 
the  weight  or  measurement  shall  be  made  by  the  parties,  the  bushel 
shall  consist  of  sixty  pounds  for  wheat,  or  fifty-four  pounds  of  rye, 
of  fifty-two  pounds  of  Indian  corn,  of  forty-ibur  pounds  of  barley, 
of  forty  pounds  of  buckwheat,  and  thirty-two  pounds  of  oats.  „ 

Sec.  7.     The  following   original  standards,  made  in  conformity  original  stand-     > 
to  the  provisions  of  this  chapter,  to  wit:  a  yard,  a  pound,  a  liquid  cured*°by^Btote 
gallon,  and  a  half  bushel,  shall  be  procured  by  the  state  sealer  of  sealer. 
weights  and  measures,  and  deposited  in  a  chest  in  his  office,  Avliicli 
shall  only  be  opened  for  the  sole  purpose  of  comparing  such  stand- 
ards with  the  copies  hereinafter  described,  unless  by  a  joint  resolu- 
tion of  the  two  houses  of  the  legislature,  or  on  the  call  of  either 
house  for  information,  or  by  the  order  of  the  governor  for  scientific 
purposes. 

Sec.  8.     Copies  of  the.  said   original  standards,  to  be  made  of  Copies  for  coun- 
such  materials  as  the  state  sealer  shall  direct,  shall  be  deposited  by  *"** 
him  in  the  offices   of  the   county  sealers  of  the  respective  counties 
of  this  state,  at   the   expense  of  said  counties,  who  shall  severally 
be  responsible  for  the  preservation  of  the  copies  respectively  dehv- 
ered  to  them. 

Sec.  9.     The  state  sealer  shall  cause  to  be  impressed  on  each  Devices  impreas- 
of  the  copies  of  such  original  standards,  the  letter  "I,"  and  such 
other  additional  device  as  he  shall  direct,  for  the  particular  county; 
which  device   shall  be  recorded  in  the  state  sealer's  office  and  a 
copy  thereof  dehvered  to  the  respective  county  sealers. 


264  APPENDIX. 


County  sealers  to      Sec.  10.     The  Several  county  scalcrs  shall  Compare  all  Weights 
weTwr  ^^  ^^  and  measures  which  shall  be  brought  to  them  for  that  purpose,  with 
the  above  mentioned  copies  of  such  standards  in  their  possession ; 
and  when  the  same  are  found   or  made  to  conform  to  the  legal 
standards,  the   officer  comparing  them  shall  seal  and  mark  such 
weights  and  measures. 
County  sealers  to      Skc.  11.     It  shall  be  the  dutj  of  the  countj  scalers  of  weights 
8t  ™e^T4iw' once  ^"^  measures,  to  compare  the  copies  ia  their  possession   once  in 
in  ten  years.       every  ten  years,  with  those  existing  in  the  office  of  the  state  sea]^r; 
and  every  county  sealer  who  neglects  to  have  the  copies  in  their 
Penalty  for  neg-  posscs&ion  Compared  as  aforesaid,  shall  pay  into  the  county  treasury 
''**  fifty  dollars  for  county  purposes :  whenever  any  county  Sealer  fails 

for  one  month  to  pay  the  aforesaid  penalty,  it  shall  be  the  duty  of 
the  county  commissioners'  court,  to  commence  suit  therefor  in  their 
own  name,  before  any  justice  of  the  peace  of  the  county,  and  when 
collected,  the  same  shall  be  paid  into  the  county  treasury  for  the 
uses  aforesaid. 
jtcs  of  county        Seq.  12.     Each  county  sealer  shall  be  entitled  to  receive  for  his 
services,  at  and  after  the  following  rates :  For  sealing  and  marking 
every  beam,  six  and  a  quarter  cents;  for  seaUng  and  marking 
measures  of  extension,  at  the  rate  of  six  and  a  quarter  cents  per 
yard ;  not  to  exceed  twenty-five  cents  for  any  one  measure ;  for 
sealing  and  markinji;  every  weight,  two  cents  ;  for  sealing  and  mark- 
ing liquid  and  dry  measures,  if  the  same  be  of  the  capacity  of  a 
gallon  or  more,  six  and  a  quarter  cents  ;  of  less  than  a  gallon,  two 
cents :  they  shall  also  be  entitled  to  a  reasonable  compensation  for 
makinsj  such  weights  and  measures  conform  to  the  standard  estab- 
lished  by  this  chapter. 
Penalty  for  using      Sec.  13.     If  any  person   or  persons   shall  hereafter  use  any 
measuresnotcon-  wciglits,   mcasurcs  or   beams,  in   weighing   or   measuring  which 
forming  to  the     shall  not  be  conformable  to  the  standards  of  this  state,  established 

standard  estab-    i        .i  ■       i        .  i  i  i  p  t.  ■• 

lished.  by  this  cliapter,  whereby  any  purchaser  of  any  commodity  or  arti- 

cle of  trade  or  traffic  shall  be  injured  or  defrauded,  such  purchaser 
^^■'. .  may  maintain  an  action  on  the  case  against,  the  offender ;  and  if 

"'*'-  judgment  shall  be  rendered  for  the  plaintiff,  he  shall  recover  five 

times  the  damages  with  costs  of  suit. 
Who  shau  be  state      Sec.  14.     The  Secretary  of  state  shall  be,  ex  officio,  state  sealer 
MS.  "^""^^^  ^^ "  of  weights  and  measures,  and  the  clerks  of  the  county  commis- 
sioners' court  shall  be  the  county  sealers  of  weights  and  measures 
for  their  several  counties. 
Approved  March  3,  1845. 

In  force  February  An  Act  to  fix  the  standard  weight  of  Coal. 

Bushel  to  contam  SECTION  1.  £e  if  enacted  hy  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  whenever  mineral  coal 
bhall  be  sold  by  the  bushel  within  the  limits  of  this  state,  and  no 
special  agreement  as  to  the  weight  or  measurement  shall  be  made 


WEIGHTS   AND   MEASURES.  265 


by  the  parties,  the   bushel  shall  consist  of  eiglity  pounds,  and  this 
shall  be  the  standard  weight  of  a  bushel  of  coal. 

§  2.     This  act  to  be  in  force  from  and  after  its  passage. 

Approved  February  18,  1847. 

An  Act  in  relation  to  Weifrbts  and  Measures.  In  force  Slaroh  1. 

1851. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  wdght  of  corn. 
represented  in  the  General  Assembly,  That  from  and  after  the  pas- 
sage of  this  act,  whenever  any  Indian  corn  shall  be  sold  by  the 
bushel,  and  no  specified  agreement  as  to  the  weight  or  measure 
shall  be  made  by  the  parties,  the  bushel  of  corn  shall  consist  of 
fifty-six  pounds. 

§  2.     This  act  to  take  effect  from  and  after  the  first  day  of 
March  next. 

Approved  February  15,  1851. 

An  Act  to  amend  An  Act  concerning  Weights  and  Measures.  in  force  February 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  ^veigut  of  grain 
represented  in  General  Assembly,  That  whenever  any  of  the  follow-  fW  when  th<>re 
ing  articles  shall  be  contracted  for,  or  sold,  or  delivered,  and  no  !^  to  weight™"' 
special  contract  or  agreement  shall  be  made  to  the  contrary,  the 
weight  per  bushel  shall  be  as  follows,  to  wit :  Slielled  corn,  fifty- 
six  (56)  pounds;  corn  in  the  ear,  seventy  (70)  pounds;  wheat, 
sixty  (6U)  pounds;  rye,  fifty-six  (56)  pounds  ;  oats,  thirty-two  (32) 
pounds  ;  barley,  forty-eight  (48)  pounds  ;  Irish  potatoes,  sixty  (60) 
pounds ;  sweet  potatoes,  fifty-five  {bb)  pounds  ;  white  beans,  sixty 
(60)  pounds ;  castor  beans,  forty-six  (46)  pounds ;  clover  seed, 
sixty  (60)  pounds ;  timothy  seed,  forty-five  (45)  pounds  ;  flax  seed, 
fifty-six  ipQ)  pounds;  hemp  seed,  forty-four  (44)  pounds;  blue 
grass  seed,  fourteen  (14)  pounds;  buck  wheat,  fifty-two  (52) 
pounds ;  dried  peaches,  thirty-three  (33)  pounds ;  dried  apples 
twenty-four  (24)  pounds ;  onions,  fifty-seven  (57)  pounds ;  salt, 
fifty  (50)  pounds;  stone  coal,  eighty  (80)  pounds;  malt,  thirty- 
eight  (38)  pounds;  bran,  twenty  (20)  pounds;  turnips,  fifty -five 
(..  )  pounds ;  hair,  (plastering)  eight  (8)  pounds ;  unslacked  lime, 
eighty  (80)  pounds ;  corn  meal,  forty-eight  (48)  pounds ;  fine  salt, 
fifty-five  pounds. 

§  2.     All  laws  and  parts  of  laws  inconsistent  with  this  act  are  Acts  repealed, 
hereby  repealed. 

Approved  February  14,  1855. 


266  APPENDIX.  [Acts 

EeTRAYS. 

lu  force  April  24,  An  Act  to  amend  number  39  of  the  Kevised  Statutes,  concerning  "Estrays." 
1861. 

Section  1.  Be  it  enacted  hy  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  chapter  number  thirty- 
nine  of  the  Revised  Statutes  be  and  is  hereby  so  amended,  that 
hereafter  every  justice  of  the  peace,  before  whom  any  estray  or 
estrays  may  be  brought  for  appraisal,  shall  be  allowed  ten  days 
after  the  appraisement  to  make  report  of  the  description  of  the 
estrays,  as  is  required  in  the  second  section  of  said  chapter,  to 
the  clerk  of  the  county  or  the  clerk  of  the  county  commissioners' 
court,  as  the  case  may  be. 

Approved  February  22,  1861. 


REGISTRY  LAW. 
In  force  Feb.  15,  An  Act  for  the  Registry  of  Electors  and  to  prevent  Fraudulent  Voting. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
JudKCB  or  In-  represented  in  the  General  Assembly,  That  the  persons  authorized 
turn  constitute"'  hy  law,  or  appointed  pursuant  to  any  town  or  city  ordinance,  to 
Rf°^r  °"  ^^^  ^^  j^<ig6s  or  inspectors  of  elections  in  any  town,  city,  or  ward, 

or  other  election  district  or  precinct  in  this  State,  (except  the 
moderator   of   the    town    meeting   in    towns    adopting   township 
organization,)  shall  constitute  a  "board  of  registry"  for  their  re- 
Annuai  meeting  spectivc  towns,  cities,  wards,  districts,  or  precincts,  and  shall  meet 
of  board.  ^^^  Tuesday,  three  weeks  preceding   any  state,  county,   city,  or 

Town  meetitg     town    election,    (except    "town   meetings"    in    towns    adopting 
excepte  .  ^^^  township  Organization  law,)  at  nine  o'clock  a.m.,  and  proceed 

List  of  votera.      to  make  a  list,  as  hereinafter  prescribed,  of  all  persons  qualified 
and  entitled  to  vote  at  the  ensuing  election  in  the  election  district 
of  which  they  are  judges  or  inspectors,  which   list,  when  com- 
pleted, shall  constitute  and  be  known  as  the  "  register  of  electors" 
of  said  election  district ;  and  said  board  may  continue  their  session 
Session  two  days,  for  the  purpose  of  making  said  list,  two  days,  if  necessary:  Pro- 
Proviso,  vided,  that  at  the  last  election  in  said  district,  prior  to  said  meet- 
ing, the   number   of  votes   cast  in   said   district  exceeded  two 
hundred. 
a/pha°beticar  '''      ^^^-  2-     Said  registers  shall  each  contain  a  list  of  the  persons 
oi-Uer.  SO  qualified  and  entitled  to  vote  in  said  election  district,  alphabet- 
ically arranged,  according  to  their  respective  surnames,  so  as  to 
show,  in  one   column,  the  name  at  full  length,  and   in  another 
In  cities.  coluuin,  in  cities,  the  residence,  by  the  number  of  the  dwelling, 
if  there  be  a  number,  and  the  name  of  the  street  or  other  location 
of  the  dwelling  place  of  each  person.     It  shall  be  the  duty  of 
Names  of  all      Said  board  to  enter  in  said  lists  the  names  of  all  persons  residing 
entered"  ^        ^"^  their  election  district,  whose  names  appear  on  the  poll  list  kept 
in  said  district  at  the  last  preceding  election  j  in  cities  the  num- 
ber of  the  dwelling  and  name  of   the  street  or  other   location, 


1865.] 


REGISTRY  LAW.  267 


if  tlie  same  shall  be  known  to,  or  can  be  ascertained  by,  such 

board ;   and  for  this  purpose  said  board  are  authorized  to  take  Poii  list  eied 

from  the  office  in  which  they-  are  filed   the  poll  lists  made  and  ""^^ '"'  "'*''^- 

filed  by  the  judges  or  inspectors  of  such  district,  at  the  election 

held  next  prior  to  the  making  of  such  register.     In  making  said 

list,  the  board  shall  enter  thereod,  in  addition  to  the  names  on 

the  poll  list,  the  names  of  all  other  persons  who  are  well  known 

to   them  to  be  electors  in   said  district;    and  the  names  of  all 

persons  on  the  poll  list  who  have  died  or  removed  from  the  dis-  Names  omitted. 

trict  shall  be  omitted  from  said  register.     The  said  board  shall 

complete,  as  far  as  practicable,  the  said  register  on  the  day  of  re°^sC"''"  ^ 

their  meeting  aforesaid,  and  shall  make  four  copies  thereof,  and 

certify  the  register  and  each  of  the  copies  to  be  a  true  list  of  the 

voters  in   their  district,  so  far  as  the  same  are  known  to  them. 

Within  two  days  thereafter,  the  said  original  "list,  together  with  Lists  when  filed 

the  list  taken  from  the  office,  as  aforesaid,  shall  be  filed  by  said 

board  in  the  office  of  the  town  clerk  of  the  town  in  which  said 

election  district  may  be ;  but  in  counties  hot  adopting  township 

organization,  said  list  shall  be  filed  with  the  judges  or  inspectors 

of  election  of  the  proper  district;  or   if  such  election  district  is 

in  a  city,  then  it  shall  be  filed  in  the  office  of  the  city  clerk  of  said  copy  to  be  kept 

city:  and  one  copy  of  said  list  shall  be  kept  by  each  of  said  iud^es  l'^  Judges  and 

•  ,  1  nil  1  1       1  •    •'  /.         1     •  ,       luspectors. 

or  inspectors,  and  carefully  preserved  by  him  for  their  use  on  the 
day  or  days  hereinafter  mentioned,  for  the  revision  and  correction 
of  the  same.     One  copy  of  said  list  shall,  immediately  after  its 
completion,  be  posted  in  some  conspicuous  place  where  the  last  po^t^^f  ''^*  ***  ^^ 
preceding  election  in  said  district  was  held,  and  be  accessible  to 
any  elector  who  may  desire  to  examine  the  same  or  make  copies 
thereof.     Any  person  who  shall  take  down,  tear  down,  or  deface  Penalty  for  tea*, 
any  list  so  posted,  shall  be  deemed  guilty  of  misdemeanor,  and 
shall  be  punished  by  a  fine  of  fifty  dollars,  or  by  imprisonment  in 
the  county  jail  for  a  term  of  sixty  days,  or  by  both  fine  and  im- 
prisonment.    The  board  may,  in  their  discretion,  cause  printed  Printed  copies 
copies  of  said  list  to  be  posted  up  in  such  places  as  they  may  direct,  ™*^  e  pos  e  . 
and  may  cause  the  same  to  be  publishe'd  in  some  newspaper  in  May  be  pub- 
the  county  in  which  such  district  is  situated,  at  an  expense  not  ^'^'^®''- 
exceeding  one  cent  for  each  name  on  said  list. 

Sec.  3.     In  case  a  new  election  district  shall  be  formed  by  the  in  case  of  new 
organization  of  a  new  town,  or  by  the  division  of  any  town  or  fn*g"i';''/Qdge!^* 
ward,  or  the  incorporation  of  a  city  or  town,  the  judges  or  in-  or  inspectoiB. 
spectors  of  the  election   in   the  new  district  thus  formed,  may 
make  their  registry  of  electors   on   the   day  prescribed  by   this 
act,  in    such  manner    as   a   majority  of  them   may   direct,  and 
for  that  purpose  may  make  a  list,  or  cause  to  be  made,  a  certi- 
fied copy  of  the  poll   list  or  lists  of  the  districts  in  which  such 
new  district  is  situated,  or  they  may  dispense  with  such  list  or 
lists,  and  proceed  to  make  a  register  of  electors  from  the  best 
means  at  their  command.     Said  lists  shall  only  embrace  the  names  List  to  embrace 
of  such  persons  as  are  known  to  them  to  be  electors  in  their 


268 


JLPPENDIX. 


[Acts 


Board  shall  again 
meet  to  revise 
aiid  complete 
liiit. 


Hours  of  meet- 
ing. 

Proceedings  of 
board  shall  be 
open. 


Duty  of  board  to 
erase  names  of 
non-residents. 


Elector  may  have 
his  name  entered 

Duty  of  elector 
••equiring  his 
name  to  be  en- 
tered. 


Penalty  for  refus- 
ing to  give  infor- 
mation. 


Oath  to  be  admin- 
istered by  judges 
or  inepectorB. 


Four  copies  of 
lists  to  be  certi- 
fied. 


Where  filed. 


district,  and  shall  be  posted  up  and  copies  thereof  made,  aa 
prescribed  in  the  preceding  section,  and  shall  be  corrected  in 
the  same  manner  that  other  lists  are  corrected. 

Sec.  4.  The  said  board  shall  again  meet,  on  Tuesday  of  thej 
week  preceding  the  said  elections,  in  their  respective  election! 
districts,  at  the  place  designated  for  holding  the  polls  of  the  elec- 
tion, for  the  purpose  of  revising,  correcting,  and  completing  said 
lists,  and  for  this  purpose,  in  cities,  they  shall  meet  at  eight 
o'clock  in  the  morning,  and  remain  in  session  until  nine  o'clock 
p.  m.  of  that  day  and  the  day  following;  and  in  other  districts  they 
shall  meet  at  nine  o'clock  in  the  morning,  and  remain  in  session 
until  four  o'clock  p.  m.  of  that  day. 

Sec.  5.  The  proceedings  of  said  board  shall  be  open,  and  all 
persons  residing  and  entitled  to  vote  in  said  district,  shall  be  en- 
titled to  be  heard  by  said  board  in  relation  to  corrections  or  addi- 
tions to  said  register.  One  of  the  lists  so  kept  by  said  judges  or 
inspectors,  as  aforesaid,  shall  be  used  by  them,  on  the  day  or  days 
of  making  corrections  or  additions,  for  the  purpose  of  completing 
the  registry  for  such  district. 

Sec.  6.  It  shall  be  the  duty  of  said  board,  at  their  meeting  for 
revising  and  correcting  said  lists,  to  erase  therefrom  the  name  of 
any  person  inserted  therein  who  shall  be  proved  by  the  oath  of 
two  legal  voters  of  said  district,  to  the  satisfaction  of  said  board, 
to  be  non-resident  of  said  district,  or  otherwise  not  entitled  to 
vote  in  said  district  at  the  election  then  next  to  be  held.  Any 
elector  residing  in  said  district,  and  entitled  to  vote  therein,  may 
appear  before  said  board  and  require  his  name  to  be  recorded  on 
said  alphabetical  list.  Any  person  so  requiring  his  name  to  be  so 
entered  on  said  lists,  shall  make  the  same  statement  as  to  the 
street  and  number  thereof,  and  where  he  resides,  required  by  the 
provisions  of  this  act  of  persons  offering  their  votes  at  elections; 
and  shall  be  subject  to  the  same  penalties  for  refusing  to  give 
such  information,  or  for  falsely  giving  the  same,  and  shall  also  be 
be  subject  to  challenge,  either  by  the  judges  or  inspectors,  or 
either  of  them,  or  by  any  other  elector  whose  name  appears  on 
said  alphabetical  list ;  and  the  same  oaths  may  be  administered 
by  the  judges  or  inspectors  as  now  provided  in  case  of  persons 
offering  to  vote  at  an  election,  and  in  case  no  challenge  is  made, 
of  any  person  requiring  his  name  to  be  entered  on  said  alphabet- 
ical list,  or  in  case  of  challenge,  if  such  person  shall  make  oath 
that  would  entitle  him  to  vote  in  case  of  challenge  at  an  election, 
then  the  name  of  any  such  person  shall  be  added  to  the  alphabet- 
ical poll  list  of  the  last  preceding  year. 

Sec.  7.  After  the  said  list  shall  have  been  fully  completed, 
the  said  board  shall,  within  three  days  thereafter,  cause  four  copies 
of  the  same  to  be  made,  each  of  which  shall  be  certified  by  them 
to  be  a  correct  list  of  the  voters  of  their  district;  one  of  which 
shall  be  filed  in  the  office  of  the  town  clerk  of  towns,  and  in 
the   office   of    city    clerks   in    cities ;    and  one    of   which  copies 


1865.] 


REGISTRY  LAW.  269 


shall   be    delivered    to    each    of   said    judges  or  inspectors.     It 
shall  be  the  duty  of  the  said  judges  or  inspectors  so  receiving  Duty  of  judges 
such  lists,  carefully  to  preserve  the  said  lists  for  their  use  on  elec-  ""'^'"k  ''"lo- 
tion day,  and  to  designate  two  of  their  number,  at  the  opening 
of  the  polls,  to  check  the  name  of  every  voter  voting  in  such  dis- 
trict, whose  name  is  on  the  register.     No  vote  shall  be  received  at  no  vote  received 
any  State,  county,  town,  or  city  election  in  this  State,  except  at  except  at  uma 
town  meetings,  in  towns  adopting  the  township  organization  law,  muue  is  on  tue 
if  the  name  of  the  person  offering  to  vote  be  not  on  the  said  ■''^ewter. 
register,  made  on  the  Tuesday  or  Wednesday  preceding  the  elec- 
tion, unless  the  person  offering  to  vote  shall  furnish  to  the  judges 
of  the  election  his  affidavit,  in  writing,  stating  therein  that  he  is  Aflidavit. 
an  inhabitant  of  said  district  and  entitled  to  vote  therein  at  such 
election,  and  prove  by  the  oath  of  a  householder  and  registered  ^^'ij^^'^^  iioueo- 
voter  of   the  district  in  which  he  offers  his  vote,  that  he  knows 
such  person  to  be  an  inhabitant  of  the  district,  and  if  in  any  city, 
givino;  the  residence  of  such  person  within  said  district.     The  „ 

o  o  ^    ^  rt  .     1  .  Oiitli  l)v  whom 

oath  may  be  administered  by  one  of  the  judges  or  inspectors  of  administered, 
the  election,  at  the  poll  where  the  vote  shall  be  offered,  or  by 
any  other  person  authorized  to  administer  oaths;  but  no  person 
shall  be  authorized  to  receive   compensation    for   administering  'vvithoutcompen- 
the  oath.     Said  oath  shall  be  preserved  and  filed  in  the  ofiiee  Oath  preserved. 
of  the    town    or    city   clerk ;  or,  in  case  there  be  no  clerk,  then 
said  oath  shall  be  filed  with  and  preserved  by  the  judges  or  in- 
spectors of  the  proper  district.     Any  person  may  [be]  challenged,  challenge. 
and  the  same  oaths  shall  be  put  as  now  are  or  hereafter  may  be 
prescribed  by  law. 

Sec.  8.     The  clerks  at  each  poll,  in  addition  to  the  duties  now  Additional  duty 
prescribed  by  law,  shall  enter  on  the  poll  list  kept  by  them,  in  tk.n  I'.'keepiDr 
columns  prepared  for  that  purpose,  opposite  the  name  of  each  p^h  I'st. 
person  Voting,  the  same  statement  or  minute  as  hereinbefore  re- 
quired of  the   board  in  making  the  registry;  but  such  entry  is 
not  to  be  made  by  them  if  the  registry  contains  correctly  the 
name  and  residence  of  such  voter;  and  in  all  cases  said  clerk 
shall  enter   in  a  column  opposite  the  name  of  each  person  not 
registered,  the  words  "  not  registered."     In  cities,  every  elector, 
at  the  time  of  offering  his  vote,  shall  truly  state  the  street  in  street  and ^umn- 
which  he  resides,  and  if  the  house,  lodging,  or  tenement  in  which    "  °   "  ^'^^"" 
he  resides  is  numbered,  the  number  thereof     And  the  clerks  of 
the  polls,  in  case  the  name  of  such  elector  is  not  registered,  shall 
truly  enter  in  the  appropriate  column  of  the  poll  list,  opposite  the  gtr^Jet  aud'ui?nv 
name  of  the  elector,  the  street  in  which  the  elector  resides,  the  ber. 
number,  in  case  the  house,  lodging,  or  tenement  is  numbered; 
and  if  the  same  is  not  numbered,  then  the  clerk  shall  enter  "  not 
numbered  "  in  the  column  of  the  poll  list  for  entering  the  number. 
In  case  of  refusal  to  make  the  statement  as  aforesaid,  the  vote  of  ft^t"men?."^' 
such  an  elector  shall  not  be  received.     Any  person  who  shall  wil-  p,^,,^  gj^^^^j^^t. 
fully  make  any  false  statement  iu  relation  thereto,  shall  be  deemed  punishment  for.' 


270  APPENDIX.  [Acts 

guilty  of  misdemeanor,  and  shall,  upon  conviction,  be  punished 
with  a  fine  of  fifty  dollars,  or  by  imprisonment  in  the  county  jail 
in  the  county  for  a  period  of  ten  days,  or  by  both  such  fine  and 
imprisonment. 

Sec.  9.  After  the  canvass  of  the  votes,  one  of  said  poll  lists 
p> .11  lists  attached  and  Said  register  so  kept  and  checked  as  aforesaid,  shall  be  at- 
togetherand  t^ched  together,  and  shall,  on  the  following  day,  be  filed  in  the 
town  or  city  clerk's  oflGice  (as  the  case  may  be)  in  which  said  dis- 
trict may  be ;  or  in  case  there  be  no  such  clerk,  then  such  poll 
lists  and  register  shall  be  filed  with  and  preserved  by  the  judges 
or  inspectors,  to  be  used  by  the  board  of  registry  in  making  the 
list  of  voters  at  the  next  election ;  the  other  of  said  poll  liists  and 
registers,  so  kept  and  checked,  (except  in  town  and  city  elections) 
shall  be  returned  to  the  office  of  the  county  clerk  of  the  county 
in  which  said  district  may  be,  at  the  same  time  the  returns  of  the 
elections  are  made. 

Sec.  10.  The  said  board  may,  if  necessary,  on  the  day  or  days 
Board  may  ap-     ^f  ^j^^  making  and  of  the  corrections  of  such  lists,  appoint  a  clerk 

point  a  clerk.  .  o^  i.i  oi-i-  •      t   ^        ->  • 

to  assist  them  m  the  discharge  oi  their  duties  required  by  this 
act ;  and  the  same  oath  shall  be  taken  by  such  clerk  as  is  required 
by  law  of  clerks  of  the  polls  or  of  elections. 

Sec.  11.  The  registers  shall  at  all  times  be  open  to  public  in- 
Registers  open  spection,  at  the  ofiice  of  the  authorities  in  which  they  shall  be 
opu  ic.  deposited,  without  charge. 

Sec.  12.     The  members  of  the  board  of  registration  and  their 

Compensation  of  clerks  shall  each  receive  the  same  compensation  as  is  now  allowed 

board  and  cieiks.  y^^  j^^  ^^^  judges  or  inspectors  of  elections,  for  each  day  actually 

employed  in  the  making  and  completion  of  the  registry,  to  be 

paid  to  them  at  the  time  and  in  the  manner  in  which  they  are 

paid  their  other  fees. 

Sec.  13.     The  said  board  shall  have  and  exercise  the  same 
Board  may  pre-    power  in  preserving;  order  at  their  meetings,  under  this  act,  as 
are  given  to  judges  and  inspectors  of  elections  for  preserving 
Vacancies.  Order  on  election  days ;  and  vacancies  in  said  board  shall  be  filled 

in  the  same  manner  that  vacancies  are  now  filled  at  elections. 
Sec.  14.     Any  person  who  shall  cause  his  name  to  be  regis- 
Punishment  for    tcred  in  more  than  one  election  district,  or  who  shall  cauSe  his 
nllrae^to  bTref-    name  to  be  registered  knowing  that  he  is  not  a  qualified  voter  in 
iBtered.  the  district  where  said  jregistry  is  made,  or  who  shall  falsely  per- 

sonate any  registered  voter,  and  any  person  causing,  aiding,  or 
.  abetting  any  person,  in  any  manner,  in  either  of  said  acts,  shall 
be  punished,  for  each  and  every  offense,  by  imprisonment  in  the 
State  prison  for  not  less  than  one  year.  All  intentional  false 
swearing  before  said  board  of  registration  shall  be  deemed  wilful 
Peijury.  and  corrupt  perjury,  and  on  conviction,  punished  as  such.     If  any 

Violation  of  law;  Kiember  or  officer  of  said  board  shall  wilfully  violate  any  of  the 
how  punished,     provisions  of  this  act,  or  be  guilty  of  any  fraud  in  the  execution  of 
the  duties  of  his  office,  he  shall  be  punished  for  each  and  every 
offense  by  imprisonment  in  the  State  prison  for  not  less  than  one  year. 


1865.] 


BOARD  OF  HEALTH.  271 


Sec.  15.  An  Act  entitled  "  An  Act  to'prevent  illegal  voting 
at  elections,"  approved  February  21,  1861,  and  an  Act  entitled  ifmendudf^^ 
"  An  Act  to  provide  for  ascertaining  the  qualification  of  voters, 
and  to  prevent  fraudulent  voting,"  approved  February  22,  18(jl, 
be  and  the  same  are  hereby  amended  by  striking  out  the  words 
"  sixty  daj/s"  in  said  acts,  wherever  the  same  occur,  and  inserting 
in  the  place  thereof,  the  words  "  tJiirt^  days." 

Sec.  16.     Section  five  of  An  Act  entitled  ''An  Act  to  provide  .\(t  of  Feb.  22, 
for  ascertaining  the  qualifications  of  voters,  and  to  prevent  fraud-  ^''^^'  '=""""""«<'• 
ulent  voting,"  approved  February  22,  1861,  shall  be  construed  so 
as  to  require  the  number  to  be  indorsed  by  the  judges  or  inspect- 
ors of  election  on  every  ballot  cast,  and  in  elections,  general  or 
special,  in  pursuance  of  any  law  of  this  State^  after  the  opening 
of  the  polls,  no  adjournment  shall  be  had,  nor  shall  any  recess  be  NorecesBat 
taken   until  all  the  votes  cast  at  such  election  shall  have  been  elections, 
counted  and  the  result  publicly  announced,  provided  that  judges 
and  inspectors  of  election  shall  each  be  allowed  the  sum  of  two  Compensation  of 
dollars  for  each  and  every  day's  service  by  them  performed  under  J"''K«'i- 
the  requirements  of  this  act. 

Skc.  17.     The  secretary  of   state  shall   cause  this  law  to  be  seK.Tctary  of  state 
printed  in  pamphlet  form,  with  suitable  forms  and  instructions  for  [,e '^",."n tc'r^/th 
carrying  it  into  effect,  together  with  the  general  election  law  of  f'Tms,  and  dis- 
the  State,  and  a  sufficient  number  of  copies  thereof  sent  to  each  *'^'  "'*  ' 
county  clerk  in  every  county  in  this  State  to  supply  each  of  the 
officers  named  in  this  act  with  a  copy.     And  it  shall  be  the  duty 
of  each  of  said   clerks  to  immediately   transmit  a   copy   of  the 
same  to  each  of  the  judges  or  inspectors  of  election  in  his  county. 

Sec.  18.     The  necessary  blanks   for  making  the  registers  re-  secretary  of  state 
quired  by  law  shall  be  prepared  by  the  secretary  of  state,  and  to  prepare  biHuks 
transmitted  to  the  persons  entitled  to  receive  them,  in  the  same 
manner  that  blank  returns  of  elections  are  now  transmitted. 

Sec.  19.     Nothing  contained  in  this  act  shall  be  construed  in  Not  to  affect 
any  manner  to  affect  the  provisions  of  any  act  that  has  been  or  ^"'fjjl^'^  "* 
may  be  passed  at  the  present  session  of  the  General  Assembly,  to 
enable  the  qualified  electors  of  this  State,  absent  therefrom,  in  the 
military  service  of  the  United  States,  in  the  army  or  navy  thereof, 
to  vote. 

Sec.  20.     This  act  shall  be  in  force  from  and  after  its  passage. 

Approved  February  15,  1865.  (^ 

BOARD    OF    HEALTH. 

AN  ACT  to  provide  for  a  Board  of  Health  in  each  township  in  those 
counties  adopting  township  organization. 


Section  1.  Be  it  enacted  hy  the  People  of  the  State  of  Illinois^  SnperTisor, 
represented  in  the  General  Assembly.  The  supervisors,  assessors  ^^g^^''*"^''^, 
Jind  town  clerk  of  every  township  shall  constitute  a  board  of  board  of  hi 
health,  an  I  on  the  breaking  out  of  any  contagious  disease  in 


272 


APPENDIX. 


[Acts 


May  make  rules 
aud  regulations. 


May  shut  up 

iafected  house. 


TowD  clerk  to 
keep  rocnrd  of 
doiugs  of  board. 


Compensation  of 
board. 

Compensation 
and  bills  to  be 
audited. 


Act  to  be  accept- 
ed by  board  of 
supervisors. 


their  township  or  immediate  vicinity,  they  shall  have  power  to 
make  and  enforce  any  rules  and  regulations  tending  to  check  the 
spreading  of  such  disease  within  the  limits  of  such  township  as 
they  may  deem  proper;  and  for  this  purpose  they  shall  have 
power  to  shut  up  any  house  where  any  infected  person  may  be, 
or  remove  such  person  to  any  pest  house  within  the  limits  of  said 
township,  at  the  expense  of  said  party  so  moved,  if  he  be  of 
sufficient  ability  to  pay,  otherwise  at  the  expense  of  said  town.^ 

Sec.  2.  The  township  clerk  shall  keep  a  full  record  of  all  the 
doings  of  said  board,  and  report  the  same  at  the  annual  town 
meeting  of  such  township,  and  said  board  shall  be  allowed  for 
their  time  spent  in  the  performance  of  their  waid  duties,  the 
same  sum  now  allowed  to  supervisors,  and  the  same,  together  with 
all  bills  by  them  contracted,  and  all  sums  of  money  by  them  ex- 
pended, shall  be  audited  by  the  board  of  auditors  of  such  town, 
and  be  paid  in  the  same  manner  as  the  town  expenses  are  now  by 
law  paid.2 

Sec.  3.  This  act  shall  only  be  in  operation  in  counties  where 
the  board  of  supervisors  shall,  by  its  resolution,  accept  the  same. 

Approved  February  16,  1865. 


DRAINAGE. 


AN  ACT  to  facilitate  the  Draining  of  Wet  Lands. 


Commissioners 
of  highways  to 
be  drainage 
commissioners. 


Persons  owning 
wet  and  over- 
flowed lands  in 
counties  under 
township  organi- 
zation may  make 
application  to 
commissioners 
for  drain  over 
other  lands. 


Notice  in  writing 
to  fwner  or 
agent. 


Section  1.  Be  it  enacted  hy  the  People  of  the  State  of  IlUnots, 
rep7-esented  in  the  General  Assembly,  That  in  all  the  counties  of 
this  State  adopting  township  organization,  the  commissioners  of 
highways  shall  be  and  are  hereby  constituted  ex  officio,  a  board 
of  drainage  commissioners  in  their  respective  towns. 

Sec.  2.  Hereafter  when  any  person  or  persons  owning  wet  or 
overflowed  lands  in  any  county  under  township  organization  in 
this  State,  desiring  to  drain  the  same,  shall  find  it  necessary  to 
run  across  neighboring  lands  whose  owner  or  owners  will  not  give 
consent  for  the  drain  to  pass  through  his  or  their  lands,  then  in 
that  case  the  person  or  persons  desiring  the  right  of  way  for  the 
drain  shall  make  application  to  the  said  drainage  commissioners, 
in  writing,  stating  thro4^  whose  premises  it  is  necessary  to  pass, 
in  order  to  effect  a  proper  outlet  for  the  proposed  drain,  and  he 
shall  also  furnish  to  each  of  the  owner  or  owners,  or  their  agent 
or  agents,  through  whose  land  it  is  proposed  to  pass,  a  notice,  in 


1  A  hoard  of  health  has  no  power  to  take  and  occupy  premises  as  a  pest  house  without 
the  owner's  consent. — Boom  v.  City  of  Utica,  2  Barb.,  lOJt. 

2  The  rules  and  regulations,  and  all  doings  of  the  board  of  health  should  be  reduced  to 
■writing.  It  is  held  in  New  York  that  parol  evidence  of  the  orders  of  the  board  of  health 
is  inadmissible.  Their  determinations  are  judicial,  and  must  be  in  writing. — Meeker  ▼» 
Van  EuTisslaer,  15  Wend.,  397, 


I 


1865.] 


DRAINAGE.  273 


writing,  stating  that  he  intends  to  make  application  to  the  said 
commissioners  to  lay  out  a  drain  through  his  or  their  land.3 

Sec.  3.  The  commissioners  shall  agree  upon  a  time  not  exceed-  CommiBmonprR  to 
ing  thirty  days  from  the  receipt  of  the  application  of  the  person  ^''^\  ""  ''""^ ',"' 
or  persons  desiring  the  drain,  when  and  where  they  will  meet  to  mfne'on  applkll 
determine  upon  such  application,  and  if  anything  shall  prevent ''"°' 
the  meeting  of  the  commissioners,  or  any  one  of  them,  upon  the 
day  specified,  then  they  shall  as  soon  thereafter  as  possible  deter- 
mine upon  another  day  for  meeting,  and  they  themselves  shall  Ctimmissiouers  to 
give  notice  of  such  meeting  to  the  parties  concerned  or  their  meetrug!*^"" 
agents.4      The  application  to  lay  out  a  drain  shall  in  all  cases  be  Application  to 
made  to  the  commissioners  residing  in  the  town  in  which  said  comraissi.merB  of 
drain  is  to  commence.  '  *'  '"^"' 

8  Form  of  Application  to    Commissioners  to  lay  out  drain. 

To   the   Commissioners   of  Highways   of  the  town  of   Tolono,  in  the 

County  of  Champaign,  and  ex  officio  Board  of  Drainage  Commissioners 

in  said  town. 

The  undersigned  person  (or  persons)  owning  wet  lands  {or  overflowed 
lands)  in  said  town  of  Tolono,  described  as  follows,  to  wit. :  [describe  the 
lands  which  it  is  desired  to  drain)  desires  to  drain  the  same.  In  order  to 
effect  a  proper  outlet  for  the  proposed  drain,  it  is  necessary  to  pass 
through  the  premises  owned  by  C.  D.  and  E.  F.  in  said  town.  The  pre- 
mises of  C.  D.  are  described  as  follows  :  {describe  the  premises  with  rea- 
sonable certainty.)  The  premises  of  E.  F.  are  described  as  follows  : 
{describe  the  premises.)  The  said  C.  D.  and  E.  F.  wiyBHf^iye  their  con- 
sent for  the  desired  drain  to  pass  through  their  saiqpB^B.  Said  drain 
is  to  commence  in  said  town  of  Tolono.  The  undersigned,  therefore, 
applies  to  you  and  requests  that  you  will  proceed  to  lay  out  a  drain 
through  said  premises  of  C.  D.  and  E.  F.,  in  conformity  with  the  law  in 
such  cases. 

Dated  this day  of ,  ^^^^fcfc,,..,*^  ^-  B. 

^^OTE  —  CareViliouIS  be  taken  to  write  the  ^plicatiflB^^aper  sufficient  to  enable  the  * 

commissioners  to  note  their  decision  on  the  back  of  it. 

Form  of  notice  to  owner  or  agent  of  intended  application  to  Commissioners  to 

lay  out  a  drain. 
To  C.  D. : 

Sir  : — You  will  take  notice  that  I  intend,  on  the day  of ,  A.  D. 

18 — ,  to  make  application  to  the  commissioners  of  highways  of  the  town 
of  Tolono  to  lay  out  a  drain  through  lands  owned  by  you  in  said  town, 
{or  for  which  you  are  agent)  described  as  follows,  to  wit.  :  {litre  describe 
the  lands  as  in  the  application,)  for  the  purpose  of  draining  certain  lands 
owned  by  me,  and  described  as  follows :  {describe  the  lands  as  in  the 
application.) 

Dated  this day  of ,  A.  D.  18—.  A.  B. 

*  Form  of  notice  of  meeting  of  Commissioners  to  determine  upon  application  to 
lay  out  a  drain. 

To  C.  D. : 

Sir  : — You  are  hereby  notified  that  the  commissioners  of  highways 
and  ex  officio  board  of  draining  commissioners,  in  the  town  of  Tolono, 

will  meet  at  {state  the  place,)  on  the day  of ,  A.  D.  18 — ,  at  — 

o'clock  —  M.,  to  determine  upon  the  application  of  A.  B.  to  lay  out  a 

18 


274 


APPENDIX. 


[Acts 


ComDiissionere  to 
tletermine,  if 
necessary,  to 
pass  through 
lands  proposed. 

Direction  and 
breadth  of  drain. 


Commissioners  to 
determine  if  pro- 
posed drain  is  a 
benefit  to  lands  it 
passes  through. 


If  drain  is  a  ben- 
efit to  other 
lancis,  owner  re- 
qnired  to  make 
the  same. 


Ca«ea  where 
drain  is  not  of 
benefit. 


Party  desiring 
drain  may  com- 
plete remainder. 


When  person 
neglects  to  make 
drain,  t)ie  person 
interested  may 
enter  and  make 
same. 


Necessary  ex- 
pense of  work 
may  be  recovered 


When  drain  is  a 
damage ;  amount 
to  be  a-isessed  to 
person  desiring 
same. 


Sec.  4.  Upon  meeting,  the  commissioners  shall  proceed  impar- 
tially to  determine  whether  in  order  effectually  to  drain  the  land 
of  the  party  or  parties  making  the  application,  it  is  necessary  to 
pass  through  the  land  proposed,  and  if  they  shall  find  it  neces- 
sary so  to  do,  they  shall  then  determine  also  the  direction  which 
the  drain  shall  run,  and  also  the  breadth  of  the  same,  granting 
always  that  the  depth  shall  be  such  as  to  produce  a  current. 

Sec.  5.  The  commissioners  shall  also  determine  whether  the 
proposed  drain  will  be  of  any  practical  benefit  to  the  land  through 
which  it  is  to  pass,  and  if  so,  what  portion  of  the  drain  the  said 
land  owner  or  owners  shall  make,  or  cause  to  be  made.  If  the 
commissioners  shall  be  of  opinion  that  the  drain  proposed  will  be 
of  sufficient  benefit  to  the  land  through  which  it  is  desired  to 
pass,  then  they  shall  decide  that  the  person  or  persons  owning 
the  same  shall  make  or  cause  to  be  made  the  entire  drain  running 
across  his  or  their  lands,  giving  a  reasonable  time  for  completing 
the  same,  not  exceeding  six  months  nor  less  than  thirty  days. 
But  if  they  shall  be  of  opinion  that  the  drain  proposed  will  not 
be  of  sufficient  benefit  to  the  parties  owning  the  land  to  compen- 
sate him  or  them  for  constructing  the  entire  drain,  then  they 
shall  decide  what  portion  of  the  same  he  or  they  shall  make  or 
cause  to  be  made,  giving  a  reasonable  time  for  completing  the 
same ;  and  the  party  or  parties  desiring  the  drain  shall  be  at 
liberty  to  comntU^the  remainder  according  to  the  specifications 
of  the  commi^oi^rs,  at  his  or  their  own  expense. 

Sec.  6.  But  if  tne  person  or  persons  through  whose  land  the 
drain  is  ordered  to  pass,  shall  neglect  or  refuse  to  make  or  cause 
the  same  to  be  made,  within  the  time  and  according  to  the  speci- 
fications of  the  commissioners,  then  the  person  or  persons  first 
making  the  applicatiB^JoT  '^HSiUjj^^  shall  be  at  liberty  to  enter 
upon  the  premises  of^S^erson  or  persons  so  neglecting  or  r§i.^ 
fusing,  and  make  or  cause  to  be  made  the  drain,  following  the 
specifications  of  the  said  commissioners ;  and  he  or  they  may  re- 
cover the  necessary  expense  of  such  work  from  the  person  or 
persons  so  neglecting  or  refusing,  in  an  action  of  debt,  in  any 
court  having  competent  jurisdiction  in  the  county  in  which  such 
labor  was  done  or  performed. 

Sec.  7.  If  the  comnaissioners  shall  be  of  opinion  that  the 
drain,  if  made,  will  be  or  damage  to  the  land  through  which  it  is 
proposed  to  pass,  then  they  shall  assess  the  amount  of  the  dam- 
age to  be  paid  by  the  person  or  persons  desiring  the  drain,  after 
payment  of  which  the  party  or  parties  so  desiring  the  drain  shall 
be  allowed  to  construct  the  same  at  his  or  their  own  expense. 


drain  through  lands  owned  by  you  (and  other  lands)  mentioned  in  his 

said  application. 

Dated  this day  of ,  A.  D.  18—, 

L.  M.,    "I  Commissioners 

O.  P.,    [  of 

R.  S.,    j       Highways. 


1865] 


DRAINAGE.  275 


But  in  no  case  shall  the  commissioners  order  a  drain  to  be  made  Water  to  i,e  toiv. 
where  the  water  cannot  be  conducted  into  a  lake,  or  pond,  or  ''"'^''^  ""'• 
river,  or  other  outlet. 

Sec.  8.  The  commissioners,  after  having  decided  either  in  favor  Commi8sio„ei-»  to 
or  against  the  application  for  a  drain,  shall  note  their  decision  on  ""n onuick'^if' 
the  back  of  the  application,  and  file  the  same  in  the  office  of  the  appUcaiiou. 
town  clerk,  and  the  town  clerk  shall  enter  upon  his  book  the  date 
of  such  filing.^  , 

Sec.  9.  The  fees  of  the  drainage  commissioners  shall  be  the  Fees  of  comtnis- 
same  as  is  now  allowed  by  law  for  their  services  as  commirisiouers  *'""*"• 
of  highways,  and  shall  be  paid  in  the  same  manner. 

Sec.  1G.  Either  party  feeling  aggrieved  by  the  decision  of  the  Party  aggriovfi 
commissioners,  either  in  locating  or  failing  to  locate  the  drain,  lu'fi'ftecn  days! 
may  at  any  time  within  fifteen  days  from  the  filing  of  such  deci- 
sion, appeal  from  the  same,  by  giving  ten  days'  notice  in  writing  Ten  dayrt*  notice. 
to  the  opposite  party  or  parties.     Said  appeal  shall  be  taken  be- 
fore the  supervisor,  one  justice  of  the  peace,  and  the  town  clerk  ^.teu"' *°  ^^^""^ 
of  the  town  in  which  the  drain  is  to  originate :  Provided,  that  in 
case  either  of  these  persons  shall  be  interested  personally  in  the  incaseofinteiest 
land  or  lands  through  which   it  is   proposed  to  pass,  then  the 

^Form  of  Decision  of  Commissioners  to  be  noted  on  the  back  of  the  application. 

The  said  commissioners  of  highways  having  met  pursuant  to  agree- 
ment, and  due  notice  to  all  parties  interested,  do  determine  that,  in 
order  effectually  to  drain  the  land  of  the  person  making  the  within 
application,  it  is  necessary  to  pass  through  the  lands  of  the  said  C.  D. 
and  E.  F.  as  proposed.  We  have,  therefore,  laid  out  a  drain  across  said 
lands  running  in  an  easterly  direction  {or  as  the  case  may  be)  through  the 
same,  the  location  of  which  is  shown  more  particularly  by  the  annexed 
plat.  (It  would  be  advisable  to  annex  a  plat  of  the  lands,  showing  the  loca- 
tion of  the  drain,)  and  that  said  drain  shall  be  four  f«et  in  breadth  at  the 
top  and  two  feet  at  the  bottom,  {or  as  the  caSe  may  be,  setting  forth  such 
further  dimensions  or  directions  as  may  be  deemed  proper.)  That  said  drain 
will  be  of  some  practicable  benefit  to  each  parcel  of  land  through  which 
it  runs,  and  that  each  owner  mentioned  within  shall  make  the  first 
ten  rods  thereof  on  his  said  land  (or  as  the  case  may  be,)  which  each 
should  complete  by  the day  of ,  A.  D.  18 — . 

( Or  say  thus,  according  to  circumstances :)  Said  commissioners  are  of 
opinion  that  the  drain  proposed  will  be  of  such  benefit  to  the  lands 
described  within,  through  which  it  is  desired  to  pass,  that  the  persons 
owning  the  same  should  make  the  entire  drain  across  their  said  lands, 
and  which  each  should  complete  by  the day  of  ■ ,  A.  D.  18 — . 

[Incase  damages  are  allowed,  then  say:)  Said  commissioners  are  of 
opinion  that  said  drain,  if  made,  will  be  of  damage  to  the  said  lands 
through  which  it  is  proposed  to  pass,  and  do  assess  the  damage  of  said 
C.  D.  at  $ — ,  and  the  damage  of  E.  F.  at  $ — . 

Dated  this day  of ,  A.  D.  18—. 

L.  M.,    )  CommissionerB 
0.  P.,    \  of 

R.  S.,    J      Highways. 

jfoTB  — It  18  believed  that  the  foregoing  Bnggestione  are  BufiBcient  to  enable  tlic  com- 
missioners to  frame  an  order  to  suit  the  occasion  of  each  parlicnlar  case  that  ma^-  arise 
under  the  law. 


276 


APPENDIX. 


[Acts 


Time  to  be  fixed 
for  hearing  ap- 
peal. 


In  case  decision 
is  reversed. 

Changes  to  be 
specified  in 
writing. 
Statement  to  be 
filed  in  town 
clerk's  office. 
Decision  final. 


other  two  shall  select  some  disiaterested  person  to  act  with 
them.6 

Sec.  11.  The  supervisor,  justice  of  the  peace  and  town  clerk, 
(in  case  none  are  interested  as  aforesaid,)  shall,  as  soon  as  practi- 
cable, fix  upon  a  day  when  they  will  review  the  action  of  the 
said  drainage  commissioners,  and  hear  the  reasons  for  and  against 
the  laying  of  the  drain.  They  shall  then,  after  so  hearing,  de- 
termine whether  the  action  of  the  commissioners  was  in  their 
judgment  proper,  and  if  they  reverse  the  decision  of  the  com- 
missioners in  whole  or  in  part,  they  shall  state  the  same  in  writ- 
ing, specifying  what  changes  they  laave  made,  whether  they  have 
relocated  the  drain,  or  reapportioned  the  labor,  or  reassessed  the 
damage,  if  any  there  be,  which  statement  shall  be  filed  with  the 
town  clerk  for  inspection,  and  their  decision  shall  be  final  in  all 
cases  pertaining  to  the  subject.'^ 

6  Form  of  Appeal  from  Decision  of  Commissioners. 

To  G.  II„  Supervisor;  /.  J.,  one  of  the  Justices  of  the  Peace;  and  K, 
L.,  Town  Clerk  of  the  town  of  Belmont,  County  of  Iroquois : 
The  undersigned  feeling  aggrieved  by  the  decision  of  the  commis- 
sioners of  highways,  of  said  town  of  Belmont,  in  locating  (or  failing  to 
locate)  a  certain  drain  applied  for  by  me  across  the  lands  of  C.  D.  and 
E.  F.,  in  said  town,  set  forth  in  my  application,  upon  the  back  of  which 
the  decision  of  said  commissioners  is  noted,  and  which  was  filed  in  the 

town  clerk's  office  on  the day  of ,  A.  D.  18—,  does  appeal  to 

you  from  said  decision  to  the  end  that  you  may  review  the  same  aa 
provided  by  law  in  such  cases. 

Dated  this day  of ,  A.  D.  18—.  A.  B. 

Form  of  Notice  of  Appeal  from  Decision  of  Com.missioners. 

To  C.  D. : 

Sir  :  — You  will  take  notice  that  I  shall,  on  the day  of A.  D. 

18 — ,  take  an  appeal,  in  accordance  with  the  law  in  such  cases,  to  G.  JT., 
supervisor  ;  /.  J.,  one  of  the  justices  of  the  peace,  and  K.  L.,  town  clerk 
of  the  town  of  Belmont,  from  the  decision  of  the  commissioners  of  high- 
ways of  said  town,  in  locating  a  certain  drain  applied  for  by  me  [or  as 
the  case  may  be)  across  lands  owned  by  you  (as  the  case  may  he)  described 
in  my  application,  upon  the  back  of  which  application  the  decision  of 
said  commissioners  is  noted,  and  was  filed  in  the  town  clerk's  office  on 
the day  of ,  A.  D.  18—. 

Dated  this day  of ,  A.  D.  18-.  A.  B. 

7  Form  of  Statement  of  Supervisor,  Justice  of  the  Peace  and  Town  Clerk 

of  their  Decision  on  Appeal. 
Vermillion  County,      1 

Town  of  Belmont,   J  ^  * 

An  appeal  having  been  taken  by  A.  B.  to  the  undersigned  supervisor, 
justice  of  the  peace  and  town  clerk  of  said  town  of  Belmont,  from  the 
decision  of  the  commissioners   of  highways  of  said  town,  filed  in  the 

town  clerk's  office  on  the  — day  of  ,  A.  D.  18 — ,  in  locating  a  certain 

drain  applied  for  by  said  A.  B.,  due  notice  of  said  appeal  having  been 

given,  we  did  on  the day  of ,  A.  D.  18 — ,  having  duly  fixed 

on  that  day  therefor,  proceed  and  review  the  action  of  said  commis- 
sioners, and  did  hear  all  such  reasons  as  were  offered  for  and  against 
the  laying  of  said  drain,  and  do  determine  that  the  action  of  said 
commissioners  was  in  all  things  proper. 


1865.] 


DRAINAGE.  277 


Sec.  12.  In  all  cases  of  appeal,  the  persons  hearing  and  decid-  compensation  of 
ing  the  same  shall  be  entitled  to  two  dollars  per  day  for  the  time  "ffiteia. 
necessasily  employed  in  the  case ;  and  if  the  action  of  the  drain- 
age commissioners  is  sustained,  then  the  cost  shall  be  paid  by  the  ^^*^^'  ''^  "''"™ 
party  taking  the  appeal.     But  if  said  decision  shall  be  reversed  in  wheu  fees  pjud 
whole  or  in  part,  then  the  fees  of  the  said  officers  shall  be  paid  '"'"'"'""■"ft""!, 
from  the  township  funds. 

Sec.  13.  In    all    cases   where    the    commissioners   shall   have  Drain  through 
ordered   a  drain    through    the   lands  of  non-resident   owner    or  IJ^n^^'g'^^^'f/j''/,^ ,, 
owners,  and  such  owner  or  owners  will   not  make  nor  pay  for  asstshcd  ngaiuet 
making  such  drain  as  ordered,  then  it  shall  be  the  duty  of  the  '"^*' 
commissioners  to  assess  the   necessary  cost  of   constructintr  the  , 

d,    .  1       ,        ,  ,        ,  ,     *'  ,        ,  ,      ,     .      Assessment  to  be 

ram  against  the  land,  and  return  the  same  to  the  county  clerk  in  returned  to 

such  county,  who  shall  enter  the  amount  with  other  taxes,  against  '^""'y  ^lerk. 

the  said  land,  and  when  the  same  shall   have  been  collected  as 

other  taxes  are  collected,  he  shall  pay  the  amount  to  the  person  Amounttowium 

or  persons  making  or  causing  the  drain  to  have  been  made.  ^" 

Sec.  14.  Nothing  in  this  act  shall  authorize  the  assessment  Only  one-half  of 
of  more  than  one-half  the  expense  or  cost  of  any  drain  upon  truu^udoaed*'^"* 
uninclosed  lands  through  which  such  drain  may  be  run.  •a^"^- 

Sec.  15.  This  act  shall  not  apply  to  the  counties  of  IMcIIenry  McHcury  ami 
and  Kane,  and  this  act  shall  not  be  construed  to  conflict  with  noTuicluat-d;' 
existing  laws  for  drainage  in  the  county  of  Cook. 

Sec.  16.  This  act  shall  be  deemed  a  public  act,  and  be  in  force 
from  and  after  its  passage. 

Approved  February  16,  1865. 

AN  ACT  to  amend  article  seventeen  of  an  act  entitled  "An  act  to  re- In  force  April  28, 
duce  the  act  to  provide  for  township  organization  and  the  several  acts  ^^®^' 

amendatory  thereof  into  one  act,  and  to  amend  the  same." 

Sec.  9.  The  overseers  of  highways  of  the  several  towns  are  Overseers    of 
hereby  authorized  to  enter  upon  any  land  adjacent  to  any  high- cilils^di^ain'to  he 
way  in  their  respective  districts,  for  the  purpose  of  opening  any  '^"e- 
ditch,  drain,  necessary  sluice  or  water  course,  whenever  it  shall 
be    necessary    to    open    a   water    course   from  any    highway    to 
the  natural  water    courses,  and  to  dig,    open    or    clean    ditches 
upon  said  land,  for  the  purpose  of  carrying  off  the  water  from 
said  highways,  or  to  drain  any  slough  or  pond  on  said  highway: 


(If  the  decision  of  t?ie  commissioners  is  reversed,  then  say  ;)  and  do  reverse 
the  decision  of  said  commissioners,  and  do  determine  that  {Here  slate  the 
decision  for  which  the  form  and  suggestions  given  for  the  commissioners  can  be 
used  according  to  circumstances.) 

G.  H.,  Supervisor. 

Dated  this  — day  of ,  A.  D.  18 — .       I.  J.,  Justice  of  the  Peace. 

K.  L.,  Town  Clerk. 


278 


APPENDIX. 


[Acts 


Proceedings 
when  owner  shall 
not  consent. 


Persons  to  be 
chosen. 


Amount  to  be 
diudited. 


Drain  may  be 
dug. 


Provided,  that  unless  the  owner  of  such  land  or  his  agent  shall 
first  consent  to  the  cutting  of  such  ditches,  the  overseer  of  high- 
ways shall  call  upon  two  discreet  householders  to  assess  the  dam- 
ao-es,  which  such  owners  may  sustain  by  reason  of  the  digging 
or  opening  of  such  ditches  or  drains ;  and  if  the  owner  of  such 
lands  shall  think  proper,  he  or  she  may  choose  two  other  discreet 
householders  to  act  with  such  as  may  be  chosen  by  the  overseer  of 
highways ;  and  if  they  cannot  agree,  the  four  shall  choose  a  fifth, 
as  umpire,  and  the  five,  or  a  majority  of  them,  shall  make  out 
their  award,  under  their  hands  and  seals,  and  deposit  with  the 
clerk  of  the  town  in  which  said  highway  is  situated,  who  shall  file 
the  same  in  his  office.  Such  award  shall  be  final  and  conclusive 
of  the  amount  of  damages  sustained  by  such  person :  and  the 
amount  so  awarded  shall  be  audited,  levied  and  collected  in  the 
same  manner  provided  in  section  fourteen,  article  seventeen  of 
the  township  organization  law;  and  the  overseer  of  highways 
shall  be  warranted  and  is  hereby  empowered  to  enter  such  lands 
and  dig,  open  and  clean  such  drains,  ditches  and  water  courses,  as 
aforesaid,  for  the  purposes  contemplated  in  this  act,  and  is  further 
authorized  to  use  and  employ  the  road  labor  and  money  of  his 
district  for  such  purposes. 

Approved,  February  28,  1867. 


DISTRICT    ROAD    TAX. 


In  force  Feb.  27, 
1867. 


AN  ACT  in  relation  to  district  road  tax. 


Districts 
nated  o 
books. 


Collectors  to 
make  abstracts 
and    deliver    to 
commissioners. 


Section  1.   Be  it  enacted  hy  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assemhli/,  That  in  all  counties  acting 
<ipsig- under  township  organization  the  county  clerk,  in  extending  dis- 
trict road  tax  upon  the  tax  books,  shall  designate  to  what  district 
said  tax  belongs. 

Sec.  2.  It  shall  be  the  duty  of  county  and  township  collectors 
to  make  out  an  abstract  of  the  amount  of  district  road  tax  due  to 
each  district  of  the  respective  townships,  and  deliver  the  same  to 
the  treasurer  of  the  commissioners  of  highways. 
Pay  over  road  tax  Sec.  3.  The  Commissioners  of  highways  shall  pay  over  the  dis- 
trict road  tax,  according  to  the  abstracts  as  furnished  above,  to 
the  various  overseers  of  roads  in  their  respective  towns,  to  be 
applied  on  the  roads  of  said  district. 

This  act  shall  be  deemed  a  public  act  and  take  effect  and  be  in 
force  from  and  after  its  passage. 

Approved,  February  27,  1867. 


1867.] 


ELECTION  DISTRICTS.  279 


ELBCTION   DISTRICTS. 

AN  ACT  to  provide  for  the  divisiou  of  towns  or  election  districfa,  in  in  force  April  28 
counties  adopting   township  organization,  into  two  or  more  election  1867. 

districts. 

Section  1.  Be  it  enacted  ht/  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  board  of  super- 
yisors,  ia  counties  adopting  township  organization,  at  their  regular  May  divide  iuto 
annual  session,  may,  at  their  discretion,  when  the  interest  and  ^'^'"'='''- 
convenience  of  the  people  require  it,  divide  any  township  or  elec- 
tion district  into  two  or  more  election  districts  or  places  of  hold- 
ing elections,  defining  the  same  by  numbers  and  by  definite  and 
distinct  boundaries,  and  determine  the  places  at  which  the  election 
shall  be  held  in  such  district. 

Sec.  2.  The  board  of  supervisors  shall  provide  for  or  select  the  Judgeu  of  eJeo 
judges  of  election  for  the  first  election  to  be  held  after  any  such  ^'^"^ 
divisiou  shall  have  been  made ;  and  at  the  next  ensuing  town 
meeting,  held  in  any  town  after  such  division,  and  at  every  sub- 
sequent annual  town  meeting,  the  electors  of  such  town  shall  be 
entitled  to  vote,  by  ballot,  on  the  same  ticket  with  the  other  town 
officers,  for  two  electors,  residing  in  each  election  district  into 
which  said  town  shall  be  divided,  to  be  judges  of  election  for  such 
district ;  and  the  two  persons  in  each  district  receiving  the  great- 
est number  of  votes  shall  be  two  of  the  judges  of  election  for 
such  district,  at  all  elections  to  be  held  therein  the  ensuing  year. 
The  presiding  officers  of  such  town  meeting  shall,  immediately 
after  the  votes  of  such  town  meeting  shall  be  canvassed,  appoint, 
by  writing,  subscribed  by  a  majority  of  such  presiding  officers, 
another  judge  of  elections  for  each  election  district  in  said  town, 
to  be  associated  with  said  two  judges  so  elected,  and  who  shall, 
thereupon  be  one  of  the  judges  of  election  of  such  district.  Such 
judge  shall  be  selected  from  the  two  persons  in  such  election  dis- 
trict who  shall  have  the  highest  number  of  votes  next  to  the 
judges  so  elected;  and  no  ballot  for  judges  shall  be  counted  upon 
which  more  than  two  electors  for  judges  for  each  election  district 
shall  be  contained. 

Sec.  3.  The  judges  of  election,  selected  by  the  board  of  super- 
visors, shall  constitute  the  first  board  of  registry  for  the  registra- 
tion of  voters  for  the  electio.n  first  to  be  held  after  the  division 
made  under  this  act;  but  the  judges  of  elections  elected  annually 
under  the  provisions  of  section  two  hereof,  shall,  thereafter 
constitute  such  "Board  of  Registry." 

Approved,  February  28,  1867. 


280 


APPENDIX. 


[Acts 


EQUALIZATION    OF   ASSESSMENTS. 


In  force  March  8,  AN  ACT  to  amend  the  revenue  laws,  and  to  establish  a  state  hoard  for 
1867.  the  equalization  of  assessments. 


Governor   ap- 
poiuts  board 


Term  of  office. 


Duties. 


Organization. 


Section  1.  Be  it  enacted  hy  the  People  of  the  State  of  lUtnois, 
represented  in  the  General  Assembly^  That  it  shall  be  the  duty  of 
the  governor  to  appoint  one  person  from  each  senitorial  district 
of  this  state,  having  the  qualifications  of  an  elector  therein,  who, 
together  with  the  auditor  of  public  accounts  for  the  time  being, 
shall  constitute  a  state  board  of  equalization.  Such  persons  shall 
hold  their  offices  for  two  years,  or  until  their  successors  shall  be 
elected  and  qualified,  as  hereinafter  provided.  Each  member  of 
said  board,  before  entering  upon  the  duties  of  his  office,  shall  take 
the  oath  or  affirmation  prescribed  by  the  constitution  of  this  state, 
and  also  an  oath  or  affirmation  that  he  will  faithfully  and  impar- 
tially, to  the  best  of  his  judgment  and  ability,  equalize  the  valua- 
tion of  property  assessed  for  taxation  in  this  state,  according  to 
law. 

Sec.  2.  It  shall  be  the  duty  of  said  board  to  assemble  at  the 
state  capital  on  the  first  Tuesday  in  the  month  of  October,  in  the 
year  one  thousand  eight  hundred  and  sixty-seven,  and  yearly 
thereafter,  and  when  duly  organized,  as  hereinafter  provided,  to 
then  and  there  proceed  to  examine  the  abstracts  of  property  as- 
sessed for  taxation  in  the  several  counties  of  this  state,  which 
abstracts  shall  be  furnished  by  the  county  clerks  of  the  several 
counties,  through  the  auditor  of  public  accounts,  as  hereinafter 
provided,  and  shall  equalize  the  same,  by  directing  to  be  added  to 
the  amount  of  property  so  assessed  in  each  county,  or  be  deducted 
therefrom,  such  rate  per  cent,  as  said  board  may  deem  equitable, 
but  said  board  shall  not  reduce  the  aggregate  amount  of  property 
so  assessed  in  the  state. 

Sec.  3.  Said  board,  when  assembled,  shall  organize  by  selecting 
one  of  the  members  thereof  as  chairman,  and  appointing  a  secre- 
tary, and  such  other  officers  to  conduct  the  business  of  said  board 
as  may,  in  the  discretion  of  said  board,  be  deemed  necessary. 
The  secretary  of  state  shall  furnish  for  the  use  of  said  board  such 
stationery,  printing,  postage,  fuel,  lights  and  rooms,  as  may  be 
required  for  the  use  of  said  board.  Each  member  of  said  board 
shall  be  entitled  to  receive  from  the  state  treasurer  ten  cents  per 
mile  for  necessary  travel  in  coming  to  and  returning  from  the  state 
capitol,  and  eight  dollars  per  day  during  the  sessions  of  said  board, 
to  be  paid  upon  the  certificate  of  the  chairman  thereof,  approved 
by  the  governor.  The  secretary,  and  other  officers  of  said  board, 
shall  receive  such  compensation  as  may  be  determined  by  the 
board  iu  each  case,  their  accounts  to  be  certified,  and  approved  in 


1867.]  EQUALIZATION  OP  ASSESSMENTS.  281 

the  same  manner  as  above  provided  in  regard  to  members.  Two- 
thirds  of  the  whole  number  of  members  shall  constitue  a  quorum, 
and  said  board  may  adjourn  from  day  to  day,  until  the  business 
before  it  shall  be  disposed  of. 

Sec.  4.  All  property  in  this  state,  whether  real  or  personal;  sub-  Propprty  to  be 
ject  to  taxation  under  existing  laws,  including  real  estate,  becom- '"'®''' 
ing  taxable  for  the  first  time,  shall  be  listed  to  the  owners  thereof 
for  the  year  one  thousand  eight  hundred  and  sixty-seven,  and 
yearly  thereafter,  with  reference  to  the  amount  owned  on  the 
first  day  of  April,  including  all  property  purchased  on  that  day, 
and  it  shall  be  the  duty  of  the  county  clerk  in  each  county  to 
furnish  the  assessor  or  assessors  with  the  necessary  lists  and  blanks 
for  assessment,  promptly  on  or  before  the  first  Monday  in  April 
in  each  year,  and  in  preparing  the  lists  of  lands  and  town  lots  for 
assessment  in  the  year  one  thousand  eight  hundred  and  sixty- 
seven,  and  every  year  thereafter,  to  provide  separate  columns  in 
which  the  assessor  shall  enter.  First — The  value  of  all  tracts  or 
lots  so  listed.  Second — The  value  of  all  improvements  thereon. 
Third — The  aggregate  value  of  each  tract  or  lot,  and  the  improve- 
ments :  Provided,  That  no  assessment  of  real  property  shall  be 
considered  as  illegal  by  reason  of  the  same  not  being  listed  or 
assessed  in  the  name  of  the  owner  or  owners  thereof 

Sec.  5.  It  shall  be  the  duty  of  each  assessor  in  this  state  to  DutyofasBeesors. 
actually  view  and  accurately  note  each  tract  or  lot  listed  as  afore- 
said, and  place  in  the  separate  columns,  above  directed,  the  value 
of  each  tract  or  lot  without  the  improvements,  the  value  of  the 
improvements,  and  the  aggregate  value  of  both :  Provided,  That 
nothing  herein  contained  shall  be  construed  to  prevent  any  per- 
son who  shall  be  aggrieved  by  such  assessment  from  appealing 
therefrom  in  the  manner  now  allowed  by  law.  All  tracts  of  land, 
or  town  lots,  on  which  there  are  no  improvements,  shall  be 
specially  designated  by  the  assessor  with  the  letter  "  V,"  and 
shall  be  extended  into  the  column  for  aggregate  values  only. 
Assessors  shall  be  allowed  three  dollars  per  day  for  the  time  neces- 
sarily employed  in  making  the  assessments,  to  be  paid  as  now  pro- 
vided by  law :  Provided,  The  assessment  shall  be  completed  and 
returned  to  the  county  clerk  on  or  before  the  first  day  of  August 
in  each  year,  otherwise  there  shall  be  deducted  from  such  com- 
pensation the  sum  of  ten  dollars  per  day  from  and  after  the  said 
first  day  of  August  until  the  completion  and  return  of  said  assess- 
ment. Assessors  shall  have  power  in  all  cases  to  examine,  under 
oath,  any  person  or  persons  whose  property,  real  or  personal,  he 
is  about  to  assess,  as  to  the  amount,  description,  and  value  of  all 
property  owned  by  such  person  or  persons  liable  to  taxation, 
and  may  also  examine  any  other  person  or  persons,  under  oath, 
as  to  the  same  facts,  and  shall  have  power  to  administer  all  other 
oaths  required  to  be  administered  to  carry  out  the  purposes  of 
this  section. 


2S2  APPENDIX.  [Acts 

Eutj  of  county      Sec.  6.  UpoQ  receipt  of  the  assessment  it  shall  be  the  duty  of 
*^*"^'  each  county  clerk  to  make  out  and  transmit  to  the  auditor  of  pub- 

lic accounts  the  abstract  of  assessment  now  required  by  law, 
omitting  the  amount  of  taxes  charged,  and  in  addition  thereto 
the  following  items,  viz:  The  number  of  acres  of  unimproved 
land,  and  the  value  thereof;  the  number  of  acres  of  improved 
land,  and  the  value  thereof,  (treating  each  legal  subdivision  as 
listed  as  being  improved,  when  a  portion  of  the  same  is  improved) 
and  the  value  of  the  improvement  thereon ;  the  number  and 
value  of  all  unimproved  town  lots,  and  the  value  thereof;  the 
number  and  value  of  all  improved  town  lots,  and  the  value  of  the 
improvements  thereon.  Said  abstract  to  be  made  out  and  trans- 
mitted on  or  before  the  first  day  of  September,  in  each  year. 
Duty  of  auditor  Sec.  7.  It  shall  be  the  duty  of  the  auditor  of  public  accounts 
oouuta.  "^  ^''"  to  compile  the  abstracts  of  assessments  so  received  from  the 
county  clerks  into  tabular  statements,  convenient  for  the  use  of 
said  board;  which  statements  and  the  original  abstracts  shall  be 
submitted  to  said  board  on  the  first  day  of  the  session  thereof,  in 
each  year.  It  shall  also  be  his  duty  to  report  the  action  of 
said  board  to  the  several  county  clerks,  under  his  official  seal, 
immediately  upon  the  adjournment  of  said  board. 
Averages  of  vai-  Sec.  8.  In  equalizing  the  value  of  personal  property  in  the 
ues  to  be  made,  ggygral  counties,  Said  board  shall  cause  to  be  added  together  the 
average  values  of  each  kind  of  domestic  animals  and  enumerated 
articles  in  each  county,  and  the  sum  so  obtained,  as  compared 
with  the  added  general  averages  of  the  same  items  throughout  the 
state,  shall  be  held  by  said  board  to  indicate  the  proportion  which 
the  whole  assessment  of  personal  property  in  each  county  bears 
to  the  whole  assessment  of  personal  property  throughout  the 
state;  and  said  personal  property  shall  be  equalized  by  said  board 
in  the  manner  hereinafter  provided  for  equalizing  real  property. 
Beal  property  shall  be  equalized  by  adding  to  the  aggregate  as- 
sessed value  thereof  in  every  county  in  which  said  board  may  be- 
lieve the  valuation  to  be  too  low,  such  per  centum  as  will  raise  the 
same  to  its  proper  proportionate  value,  and  by  deducting  from  the 
aggregate  assessed  value  thereof  in  every  county  in  which  said 
board  may  believe  the  valuation  to  be  too  high,  such  per  centum 
as  will  reduce  the  same  to  its  proper  value.  When  the  relative 
valuations  of  real  and  personal  property  shall  have  been  consid- 
ered separately,  said  board  shall  combine  the  results  in  such  man- 
ner as  may  be  deemed  equitable,  .and  determine  a  uniform  rate 
per  cent,  to  be  added  to  or  deducted  from  both  classes  of  property 
in  each  county,  which  rate  per  cent,  shall  in  all  cases  be  even,  and 
not  fractional :  Provided,  That  nothing  herein  contained  shall  be 
construed  as  interfering  in  any  manner  with  the  laws  now  in  force 
in  regard  to  the  equalization  of  assessments  as  between  the  differ- 
ent townships  by  the  board  of  supervisors  in  counties  adopting 
the  township  organization. 


1867.] 


EQUALIZATION  OF  ASSESSMENTS.  283, 


Sec.  9.  It  shall  be  the  duty  of  the  county  clerks  in  counties  ^^'^•■I'l' .adopt'i'g 
adopting  township  organization,  in  case  of  failure  of  any  assessor  zuUon."^  orgam- 
or  assessors  to  make  his  or  their  return  of  assessment  within  the 
time  specified  in  the  fifth  section  of  this  act,  to  transmit  a  state- 
ment of  the  assessment  in  all  the  townships  from  which  returns 
have  been  received,  together  with  a  statement  of  the  amount  of 
taxable  property  assessed  in  the  defaulting  townships  for  the  pre- 
vious year.  In  all  such  cases  of  partial  returns,  where  the  num- 
ber of  defaulting  townships  do  not  exceed  one-third  of  the  whole 
number  of  townships  in  the  county,  the  board  of  equalization  may 
estimate  the  valuation  in  the  townships  from  which  returns  have 
not  been  received,  and  may  equalize  the  total  valuation  as  in  other 
cases.  In  cases  where  the  defaulting  exceed  in  number  one- 
third  of  the  whole  number  of  townships  in  the  county,  and  in  all 
cases  of  failure  on  the  part  of  any  county  to  furnish  proper  retuius 
of  assessment  to  the  auditor  prior  to  the  meeting  of  the  board  of 
equalization  in  each  year,  said  board  may,  by  order,  authorize  the 
auditor  of  public  accounts  to  equalize  the  assessments,  when  full 
returns  have  been  received  by  hiin. 

Sec.  10.  A  report  of  the  proceedings  of  said  board  of  equaliza- Proceedings  to  b» 
tion  shall  be  published  annually,  in  a  pamphlet  form,  and  two  ^" 
thousand  copies  thereof  shall  be  distributed  by  the  secretary  of 
state  to  the  several  counties,  in  the  proportion  usual  in  similar 
cases.  Said  distribution  shall  be  made  by  mail,  or  express,  im- 
mediately upon  the  receipt  of  said  report  from  the  public  printer ; 
and  there  is  hereby  appropriated  from  the  state  treasury  a  sum 
sufficient  to  defray  the  cost  of  such  distribution.  The  secretary 
of  said  board  may  be  employed  in  vacation  to  superintend  the  pub- 
lication of  said  report,  and  to  examine  and  correct  the  printer's 
proof  thereof. 

Sec.  U.  It  shall  be  the  duty  of  the  several  county  clerks  in  pre-  Collectors' books, 
paring  the  books  for  the  collectors  of  taxes  to  provide  therein  five 
columns  for  values;  the  first  to  contain  the  total  assessed  valuation 
of  personal  property  assessed  to  each  individual,  and  the  assessed 
valuation  of  each  tract  of  land  or  town  lot  listed ;  the  second  to 
contain  the  valuation  of  such  property  as  equalized ;  and  upon 
the  receipt  of  the  auditor's  certificate,  setting  forth  the  action  of 
the  board  in  respect  to  his  county,  to  extend  in  separate  columns, 
state,  county,  and  all  other  taxes  against  the  equalization  valuation. 
In  all  cases  of  extension,  where  the  equalized  valuation  shall  hap- 
pen to  be  fractional  the  clerk  shall  reject  all  such  fractions  as  may 
fall  flelow  fifty  cents.  Fractions  of  fifty  cents  or  more  shall  be 
extended  as  one  dollar.  When  such  collector's  books  are  com- 
pleted the  county  clerk  shall  report  to  the  auditor  the  valuation  as 
equalized,  and  the  amount  of  state,  county  and  other  taxes  charged 
thereon.  County  clerks  shall  be  allowed  until  the  fifteenth  day 
of  December,  in  each  year,  to  complete  and  deliver  said  collector's 
books,   and  shall  receive,  in  addition    to  all  compensation   now 


284 


APPENDIX. 


[Acts 


Senatorial  dis- 
tricts to  elect. 


allowed  by  law,  a  fee  of  one  cent  for  extending  on  said  collector's 
books  the  equalized  valuation  of  each  individual's  personal  property 
and  each  tract  of  [land]  or  town  lot  listed,  to  be  paid  out  of  the 
county  treasury :  Provided^  that  before  such  payment  shall  be 
made  in  each  case,  the  clerk  shall  produce  from  the  auditor  of 
pubHc  accounts  a  certificate  that  he  has  complied  with  all  the 
requirements  of  this  act  in  regard  to  furnishing  statements  of 
assessment,  otherwise  such  payment  shall  not  be  made,  or  any 
compensation  in  lieu  thereof. 

Sec.  12.  The  qualified  electors  of  each  senatorial  district  of  this 
state  shall,  at  the  general  election  in  November,  one  thousand 
eight  hundred  and  sixty-eight,  and  every  four  years  thereafter, 
elect  one  of  their  number  to  serve  as  a  member  of  said  board  of 
equalization,  who  shall  hold  his  office  for  four  years  and  until  his 
successor  is  elected  and  qualified ;  and  the  board  so  elected  shall 
have  the  same  powers  and  privileges  and  be  subject  to  the  same 
rules  and  regulations  as  the  board  whose  appointment  is  provided 
for  in  the  first  section  of  this  act ;  and  the  returns  of  the  poll 
books  and  certificates  of  election  shall  be  governed  by  the  laws 
regulating  the  election  of  state  senators ;  and  in  case  of  vacancy 
occurring  in  said  board,  by  death,  resignation,  or  otherwise,  it 
shall  be  the  duty  of  the  governor  to  appoint  some  person  having 
the  qualifications  proscribed  in  the  first  section  of  this  act  to  fiU 
the  same. 

Sec.  13.  It  shall  be  the  duty  of  the  auditor  of  public  accounts, 
immediately  upon  the  passage  of  this  bill  and  its  approval  by  the 
governor,  to  cause  the  same  to  be  printed  in  pamphlet  form, 
together  with  a  circular  of  instructions,  and  distributed  to  the 
several  county  clerks  throughout  the  state,  in  sufficient  quantities 
to  supply  each  office  connected  with  the  assessment  or  collection 
of  the  revenue,  with  at  least  one  copy. 

Sec.  14.  The  session  of  said  board  shall  be  limited  to  fifteen 
days. 

Sec.  15.  It  shall  be  the  duty  of  the  county  clerk  to  make  in  each 
collector's  book  a  certificate  of  the  rate  of  deduction  or  addition 
determined  by  the  board  of  equalization  in  the  county  to  which 
said  book  shall  pertain,  and  also  the  rate  of  deduction  or  addition 
determined  by  the  board  of  supervisors  in  the  township  to  which 
such  book  shall  pertain.  This  act  to  take  efi"ect  from  and  after  its 
passage. 

Sec.  16.  Immediatelyafterthesaidboardshallmake  their  report 
and  file  the  same  with  the  auditor  of  public  accounts,  the  said 
auditor  shall  ascertain  from  said  report  the  total  value  of  all  the 
taxable  property  in  the  state,  after  the  same  has  been  equalized  by 
said  board,  and  also  the  total  amount  of  appropriations  and  other 
demands  upon  the  treasury,  and  said  auditor  shall  cause  to  be  col- 
lected such  a  per  cent,  upon  the  whole  value  of  the  property  afore- 
said, as  shall  be  sufficient  to  pay  the   appropriations  and  other 


Certificates  of 
rates. 


Total  value, 
vlioQ  ascer- 
tained. 


1867.]  ROADS  AND  BRIDGES.  285 


demands  upon  the  treasury  due  to  the  end   of  each  fiscal  year 
Provided,  this  act  shall  apply  to  state  tax  only. 
Approved  March  8,  1867. 


ROADS    AND    BRIDGES. 

AN  ACT  to  amend  "  An  act  to  reduce  the  act  to  provide  for  township  in   force  March 
organization  and  the  several  acts  amendatory  thereof  into  one  act."     8, 1867. 


Sec.  3.     It  shall  be  lawful  for  the  legal   voters,   at  any  annual  Legal  Toters  may 
town  meeting,  to  levy  a  tax  for  the  purpose  of  building  or  repair-  '''^^  ^^' 
ing  bridges  or  causeways,  situated,  in  another  town  in   the   same 
county,  or  in  another  county  :  Provided^  that  notice  is  given,  by  Notice  given  by 
posting  notices  describing  the  location  of  the  bridge  or  causeway,  posting- 
and  the  probable  amount  required  therefor,  in  at   least  three  pub- 
lic places,  at  least  ten  days  before  said  annual  meeting,  in  the  town 
in  which  said  taxes  are  proposed  to  be  levied  :     And,  also,  provided, 

•  f  '  ±  ^  Tax  liow  Da.i(l 

that  such  tax,  when  collected,  shall  be  paid  on  the  joint  order  of  over, 
the  commissioners  of  highways  of  the  town  in  which  the  bridge  or 
causeway  to  be  bnilt  or  repaired,  is  situated,  and  of  the  commis- 
sioners of  highways  of  the  town  in  which  said  tax  is  collected. 

Sec.  4.     That  whenever  twenty-five  (25)  voters  of  any  county  Petition  to  board 
shall  represent,  by  petition,   to  the  board  of  supervisors,   that  a°  ""P^"'^'^"- 
bridge  or  bridges,  road  or  roads,  in  any  town  in  said  county  need 
to  be  constructed  or  repaired,  and  have  been  improperly  neglected 
by  such  town,  the  board  of  supervisors,  if,  on  enquiry,  are  satisfied 
that  such  town  is  of  sufficient  ability  to  build  or  repair  such  bridge 
or  bridges,  road  or  roads,  they  shall,   by  resolution,   direct  such  Towns  directed 
town  to  construct  or  repair  such  bridge  or  bridges,  road  or  roads,     ^^^^' 
or  such  part  thereof  as  they  may  deem  just  and  reasonable,   and 
specify  such  time  for   compliance    with   the    resolutions   of  the 
board  as  may  be  deemed  necessary,  and  cause  a  copy  of  said  reso- 
lution to  be  served  on  the  commissioners  of  highways  of  said  town  ; 
and  said  commissioners  of  highways  are  authorized  and   required 
to  build  or  repair  such  bridge  or  bridges,  road  or  roads,  as  directed  At  expense  of 
in  the  resolution  of  the  board  of  supervisors,  at  the  expense  of  said  *°^°- 
town ;  and  if  said  town  shall  fail  or  refuse  to  build  or  repair  such 
bridge  or  bridges,  road  or  roads,  as  required  by  the  board  of  super- 
visors, said  board  shall  authorize  some  person  to  make  the  improve-  ,^^^  ^^^  p^,_ 
ment,  and  extend  the  amount  of  the  cost  thereof  on  the  tax  list  ofiected. 
such  town,  and  have  the  same  collected  as  other  town  taxes,  and 
applied  to  pay  for  such  improvement. 

Approved,  March  8  1867. 


286  APPENDIX.  [Acts 


TAXES, 

In  force  March  8,  AN  ACT  compelling  holders  of  tax  certificates  to  take  out  deeds  or  lose 
1S67.  their  claims. 

Section  1.  Be  it  enacted  hy  the  People  of  the  State  of  Illinois, 
Sales  for  taxes,  in  the  General  Assembly,  That  in  all  cases  of  sales  for  taxes  or 
assessments,  whether  made  for  city,  state,  county,  or  any  other 
purposes  under  and  in  pursuance  of  any  of  the  laws  of  this  state, 
heretofore,  now,  or  hereafter  to  be  in  force,  unless  the  holders  or 
owners  of  certificates  of  such  sales,  the  time  for  redemption  from 
which  sales  has  now  expired,  shall,  within  twelve  months  from  and 
after  the  passage  of  this  law,  take  out  the  deed  or  deeds  contem- 
plated by  the  law  to  he  issued  in  pursuance  of  such  certificates 
such  sales  and  the  certificates  thereof,  shall  be  absolutely  null,  and 
shall  thereafter  constitute  no  basis  of  title,  and  shall  cease  to  be  a 
cloud  on  the  title  to  the  property  to  which  such  certificates  refer. 
Certificates  ex-  ^ycG.  2.  That  uulcss,  hereafter,  holders  or  owners  of  such  cer- 
tificates, the  time  for  redemption  from  which  has  not  expired,  and 
of  all  such  sales  hereafter  to  be  made,  shall,  within  six  months 
from  and  after  the  time  at  which  such  privilege  of  redemption 
shall  expire,  take  out  the  deed  or  deeds,  so  as  hereinbefore  stated  to 
be  contemplated,  the  said  certificates  and  the  sales  on  which  they 
are  based  shall,  from  and  after  the  expiration  of  such  six  months, 
be  absolutely  null,  and  shall  constitute  no  basis  of  title,  and  shall 
cease  to  be  a  cloud  on  the  title  to  the  property  to  which  such 
certificates  refer. 

Sec.  3.  This  act  shall  be  deemed  a  public  act,  and  shall  be  in 
force  from  an  after  its  passage. 

Approved,  March  8,  1867. 

In  force  March  6,  AN  ACT  in  regard  to  publishing  delinquent  tax  list. 

1667. 

Section  1.  Be  it  enacted  hy  the  People  of  the  State  of  Illinois, 
Tax  lists.  represented  in  the  General  Assembly,  That  the  revenue  law  of  this 

state  be  and  the  same  is  hereby  so  amended  that,  hereafter,  pub- 
lishers of  weekly  newspapers  shall  receive  for  printing  delinquent 
tax  tist,  the  sum  of  twenty  cents  for  each  tract  of  land,  and  the 
sum  of  ten  cents  for  each  town  lot. 
tiring.  "^  ^^^^^'  Sec.  2.  In  all  counties  in  this  state  where  daily  newspapers  are 
published  the  collector  of  each  of  said  counties  is  hereby  authorized 
to  advertise  said  delinquent  tax  list  in  one  newspaper,  in  both  the 
daily  and  weekly  editions  thereof;  and,  when  the  same  is  so  pub- 
lished, the  publisher  of  said  daily  and  weekly  newspaper  shall  be 
entitled  to  receive  for  each  tract  of  land  so  advertised  the  sum  of 
twenty-five  cents,  and  for  e&sh  town  or  city  lot  the  sum  of  twelve 
and  a  half  cents,  and  no  more. 


1867.]  TAXES.  287 

Sec.  3.  All  acts  or  parts  of  acts  now  in  force  in  conflict  with  Acts  rcpVakj. 
the  provisions  of  this  act  are  hereby  repealed.     This  act  shall  not 
apply  to  the  county  of  Cook. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved,  March  6,  1867. 

AN  ACT  entitled  "An  act  to  extend  the   powers  and  jurisdiction   of  In  f"'"c<'   March 
collectors  of  taxes."  8,  ISOT. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Amembly,  That  in  case  any  person  upon  levy**^*""^  "^^"^ 
whom  any  tax  shall  be  assessed,  under  the  revenue  laws  of  this 
state,  in  any  town  or  city  of  this  state,  shall  have  removed  from 
such  town  or  city  after  such  assessment  has  been  made  and  before 
the  same  shall  have  been  collected,  it  shall  be  lawful  for  any  col- 
lector of  such  city  or  town  to  levy  and  collect  such  tax  of  the 
goods  and  chattels  of  the  person  so  assessed  in  any  district  within 
this  state  to  which  such  person  shall  have  removed  or  in  which  he 
may  reside. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved,  March  8,  1867. 


INDEX. 


Page. 


151 


Peosecution  ; 


ACADEMIES.     See  SCHOOLS 

property  of  not  taxed, 
ACTION.       See  Evidence; 

Suit  ;  Witness. 
on  collector's  bond,  limitation  of, 
on  constable's  bond,  limitation, 
on  supervisor's  bond,  clerk  bring, 
inhabitant  of  town  may  testify  in, 
by  and  against  towns, 
same,  form  of  entitling, 
by  and  agaiast  counties, 
against  defaulting  county  treasurer, 
same,  disposal  of  money  recovered, 
qui  tarn  for  road  law  penalty, 
for  mis  ouJuct  of  election  officer, 
against  delinquent  county  clerk, 
agaiast  delinquent  witness  or  justice  in 

contested  election,        .... 
for  refusing  proper  vote, 
for  repairing  common  field  fence,    . 
for  damage  to  fence,     .... 
game,  mode  of  proof,       .... 
for  injuring  animals  where  fence  bad, 
same,  barred  by  agreement, 
under  law  as  to  fences, 
under  revenue  law,  not  abate  for  want  of 

service,  .... 

same,  subsequent  judgment ;  fees, 
against  county,        .....     215 
ADMlNISTilATOR,  assessment  of  property 

held  as, 58,59 


ASSESSMENT.     See  Assessors 


37 

38 

42 

42 

48-50 

49 

50 

58 

58 

108 

119 

119 

120 
127 
132 
134 
134 
135 
135 
141 

198 


how  Ust  property, 
AFFIDAVIT.     See  Oath. 

to  wrong  assessment, 

posting  road  petition, 

form  of  same, 

posting  notice  for  resurvey, 

foroi  of  same, 

notice  of  road  appeal, 

form  of  same, 

list  of  delinquent  lands, 
ALMSHOUSE.     See  Poorhouse. 
ANIMALS,  towns  may  regulate  range  of, 

towns  regulate  penalties  as  to  pounded, 

impounded,  how  to  be  sold,     .         .         . 

redeemable  by  owner  for  three  months, 

when  admitted  to  common  field, 

damages  if  fence  broken  by, 

damage  to  when  fence  bad, 

trespassing,  how  secured  and  treated, 
ANNUITIES,  how  valued, 
APPEAL,  road.     See  Road  Appeal. 

from  fine  laid  by  commo    field  owners, 

from  tax  sale,   ...... 

from  valuation  of  railroad, 

same,  by  tax  payer,  .... 

from  order  for  tax  sale, 

from  county  commissioners'  court, 

from  circuit  court,        .... 
ARREST,  exemption  from  on  town  election 

day, 

ASTFiS.     See  Animals.    Towns  may  regu- 
late range  and  pouncUng  of, 


152 

.  60 
84 

.  84 
93 

.  9! 
9' 

.  97 
187,  195 

25 
25 

25 
25 
133 
134 
135 
35 
154 

las 


Page. 

Clerk  op 


County  Court  ;  Re-assessmeni  ;  Taxes. 

provisions  as  to,  58-63,  152,  154,  159,  175,  180 

of  land  where  owner  resides,           .        .  58 

of  land  occupied  by  a  tenant,      .        .  58 

for  personal  property,  where,           .        .  58 

of  real  estate  of  corporations,      .        .  58 

of  stock  of  corporations,          ...  68 

of  toll-bridges, 58 

of  stage  companies,          ....  58 

exceptions  as  to  railroads,             .        .  58 

county  clerk  prepare  books  for,       .        .  58 

books  for,  county  pay  for,            .        .  59 

county  clerk  prepare  Usts  for,          .        .  59 

same,  how  and  when  furnished,           .  59 

when  to  be  made, 59 

mode  of  making,           ....  59 
of  trustee,  guardian,  executor,  adminis- 
trator,             59 

when  to  be  completed,          ...  59 
meeting  to  correct,           .        .        .       59, 161 

review  and  reduction  of,      .        .           60,  162 

forms  to  be  used  in,         ....  60 

equalized  by  board  of  supervisors,       .  60 
unfair,  hotv  amended  or  set  aside,          60, 161 

proceedings  on  injunction,            .         .  61 

same,  mode  of  re-assessment,          .        .  61 

returns  of  to  county  clerk,          .        '  61 

compensation  for  making,        ...  61 

how  far  previous  laws  in  force,     .        .  63 

county  clerk's  fees  for  services  as  to,       •  62 

deductioiLS  in, 154 

of  merchants'  and  manufact'ers'  property,  155 
of  bankers'  and  brokers'  property,       156,  157 

of  banks  and  corporations,      .        .        .  158 

of  personal  property,  annual,      .        .  159 

not  illegal  for  want  of  forms,           .        .  167 

of  land  lying  in  two  counties,      .        .  168 

of  land  in  two  towns,       ....  169 
of  government  lands,            .        .        [169,  175 

canal,  school,  saline  lands,       .        .        .  169 

of  railroad  company,            •        .        .  175 

time  of, 175 

of  railroad  company,  how  made,           .  176 

same,  appeals  from,          ....  181 

same,  appeals  by  taxpayer,          .        .  181 

same,  bond  required,       ....  181 

not  invalid  for  delay,            .        .        .  182 

a  hen  on  personal  property,     .        .        .  199 

same,  sale  not  discharge  lien,      .        .  199 

omitted,  how  supplied,    ....  208 

of  lands  sold  by  state,          .        .        .  208 
such  lands  not  to  be  forfeited, 


180  ASSESSOR.      See  Assess.ment:    Clerk  op 


181 
181 
105 
218 
219 

28 

251 


County  Court  ;  County  Assessor. 

act  in  apportioning  estate  of  divided  town,  18 

same  if  part  of  town  set  off,        .        .  18 

same  in  apportioning  personal  estate,      .  20 

when  chosen,        .....  23 

to  be  fence  viewers,          ....  24 

chosen  by  ballot,           ....  33 
formaUties  as  to  oath  and  acceptance, 

35-6, 159, 164 


INDEX. 


289 


fine  for  refusing  to  serve,         •        .        .      39 

compensation  of, 48 

elect  between  assessing  owner  and  tenant,    58 
county  clerk  prepare  books  for,   .        .  69 

call  for  such  books,  ....      69 

county  clerk  furnish  list  of  lands,        .  69 

when  Usts  of  lands  to  be  given,         .         .      69 
■when  to  perform  assessment,        .        .  59 

set  each  article  in  separate  column,         .       69 
designate  trustee,  guardian,  executor,  ad- 
ministrator,       ..... 
when  complete  roils,        .... 
notiiy  completion  of  rolls,    . 
contents  of  such  notice,  .... 
time  of  meeting  to  correct  roll,     . 
how  review  and  reduce  assessments, 
use  forms  furnisliod  him,     . 
to  he  a  judge  of  election.^, 
proceed  if  fraudulent  list, 
value  certain  personal  property, 
value  property  undervalued, 
rules  for  valuation,    .        .    154,  152,  159, 180 
ascertain  penalty  for  not  listing,      .        .    15" 

duties  of, 159,  170 

call  at  office  or  residence  of  each  person,     160 

make  enti-ies,  and  have  signed,     .         .         160 

if  person  absent,  leave  notice,  .         .     160 

record  date  of  such  notice, 

may  administer  oaths, 

assess  where  owner  refuses  infoimation, 

same,  examine  witnesses  on  oath, 

same,  further  proceedings, 

make  valuation  list  for  clerk, 

note  where  pioperty  valued  by  him, 

deliver  statements  of  property  listed, 

make  oath  to  return,  form  of  same, 

how  list  where  value  can  not  be  fixed, 

make  out  and  deliver  sworn  abstract, 

how  list  real  property, 

same,  of  non-resident,  noted, 

same,  sum  up  aggregate,  when  make  re- 
turn,        - 

penalty  for  neglect  of  duty,     . 

meet  annually  for  advice  on  duties, 

same,  repealed, 

agree  on  ba.«is  of  assessment, 

same,  repealed, 

pay  double  damages  for  neglect, 

cause  land  to  be  surveyed  and  platted, 
when, 168 

collect  expense  of  so  doing  with  tax,     .        168 

county  clerk  furnish  lists  to,  169,  170 

enter  lands  omitted  by  clerk,  . 

term  means  town  assessor,    . 

notify  railroad  of  changed  valuation, 

add  propert}'  subsequently  taxable,     . 

same,  return  of  loan  made, 

allow  for  destroyed  propei'ty,  . 

proceed  where  lots  and  blocks  laid  out, 

allow  for  injury  in  consequence  of  public 
rci.tv.,        ...... 

enter  statistics  of  crops,  .... 

delay  of,  not  invalidate  assessment, 

same,  not  release  liabiUty  of, 
ASSISTANT  SUPERVISOU,  when  aUowed, 

powers  of,      .....        . 

hi  E:i.st  and  West  Galena, 
AUDITOR.     See  Board  of  Town  AuurroRS. 
'  AUDITOT!  of  pviblic accounts,  rece  ve  repv  rt 
of  township  commissioners, 

provide  for  re-naming  duplicated  town 
name,  ...... 

file  copy  of  county  treasurer's  bond,    . 

pro^'eeute  defaulting  county  treasurer,  . 

approve  or  oppose  abatements  of  assess- 
ments,      .        •        •        ■        •    _    • 

cause  suwev  of  uncertain  county  line,  . 

determine  assessment  of  land  in  twocoun- 
ties.  .        .|9 


59 
59 
69 
59 
59 
60 
160 
108 
153 
153 
153 


obtain  and  distribute  land  office  abstracts, 

lti9,  208 
furnish  forms  of  instruction  under  reve- 
nue laws,       ......  170 

advise  clerk  as  to  estate  not  listed,       .  170 

instruct  as  to  statistics  of  crops,      .        .  180 

assess  tax  for  state  debt,       .         .         .  181 

same,  amount  of, 1S2 

same;  kept  separate  ;  nau;e  of ;  .         .  182 

adjust  wrong  tax  abatements,           .         .  186 

proceed  against  defaulting  t  ollcctor,     .  188 
special  agents  for  that  purpose,  duties  of; 

bond  of; 189 

same,  penalty  for  false  return  on  warrant,  189 
same,  penalty  for  misusing  funds,  .  1S9 
duty  as  to  list  of  delinquent  land,  .  .  189 
add  50  per  cent,  for  delaj  ed  taxes,  .  189 
make  and  furnish  list  of  delinquent  lauds,  lh9 
credit  tax  on  forfeited  land,  .  .  .  I'M 
charge  forfeited  land  to  collector,  .  190 
repay  overj)lus  paid  by  collector,  .  .  198 
charge  collector  with  surplus  tax,  .  199 
make  dividend  of  school  money  after  cen- 
sus,         201 

give  order  on  collector  for  same,  .         .  201 
duty  as  to  collector's  pa}  ments,       .         .  2C>2 
certify  on  return  of  delinquent  list,     .  202 
furnish   revenue  instructions  to  county- 
clerks,  ;  202 

print  and  distribute  revenue  act,          .  202 

buy  real  estate  levied  on  for  state,   .         .  205 

.same,  subsequent  redemption,     .         .  206 

same,  obtain  deed  if  unredeemed,  .         .  206 

same,  he  may  sell  for  state,  .         .         .  206 

same,  price  of  sale,            ....  206 

may  require  st;ite"s  attorneys  to  sue,    .  206 

furnish  lists  of  lands  newly  taxable,         .  208 

duty  as  to  county  school  money,           .  210 
BALLOT.     See  Voter,  Votes,  Votikg. 

when  used  at  town  meetings,  ...  33 

mode  of  preparing  and  delivering,         .  33 

to  be  deposited  in  box,     ....  33 

penalty  for  expwing,             ...  33 

dispo.sal  of,  if  more  than  polls,         .         .  34 

folded  double,  destroyed,     ...  34 

how  depo.sited, 125 

to  be  without  distinctive  marks,  and  on 

white  paper, 125 

excess  of  destroyed,          ....  l-'j 

voter's  name  endorsed  on,     .         .         .  129 

strung  and  sealed  up  when  counted,         .  129 

kept  six  months  for  reference,      .         .  129 

use  of  in  contested  election,     .         .         .  129 

BALLOT-BOXES,  county  provide,           .  125 

judges  of  election  keep,    ....  12.5 

construction  of, 125 

sealed  with  poll  list  and  kept,           .         .  126 
BANK  COMMISSIONERS,  duty  as  to  bank 

tax  list, 158 

BANKERS  AND  BROKERS,  property  how 

listed, 152, 156,  157 

who  considered  to  be,  ....  156 

penalty  for  not  listing,     ....  157 

BANKS,"  tax  hsts  how  made,  .        .        .  158 

president  and  cashier  make  list,      .         .  158 

b.ank  connr.issioncr  valr.e,     .         .         .  I08 

rule  for  estimating  notes  and  discounts,  158 


BELVIDERE,  roads  in  to  be  highways,       .    232 
same,  bnw  vi-.catcd  and  altered,    .         .        2.33 
evidence  as  to  same,  ....    233 

EETTTNG  on  election,  fine,     .         -         .        122 
16'BL00MIN(JDALE,  doings  as  to  roads  legal- 
56|        i/.ed,      ...  ...    233 

58'EOAUD  to  fill  vacancies  in  town  offices,  com- 

I         pensation  of, 43 

102  BOARD  OV  SUPERVTEORS.     See  Supervisors. 

168      credit  commissioner'    accounts,       .        .      14 

alter  tovn\  bouvids,  create  new  towns,  1? 

169|     when  appoint  town  oflicerSj     ...      13 


290 


INDEX. 


to  be  in 


51- 


annex  town  to  another  when,      .        .  18 

each  town  supervisor  to  attend,       .         •      43 
order  levy  of  town  taxes,      ...  47 

proceedings  by  or  against  county 

name  of,        .... 
exercise  powers  of  county, 
process  how  to  be  served  on,    ■. 
powers  and  duties  of,     . 
annual  and  special  meetings  of, 
special  meetings,  when  iKld, 
same,  how  called, 
same,  clerk  publish  notice  of, 
annual  meetings,  when  and  where  held 
organize  by  choosing  chairman, 
proceedings  as  to  electiou   certificates  of 

members,      ...... 

form  of  call  for  special  meeting, 

form  of  notice  of  same,  to  members,    . 

form  of  notice  for  publication, 

powers  of, 62-5t 

make  orders  as  to  county  property,         .      53 
audit  county  charges,  and  raise  money  for 

same,  ......       53 

audit  accounts   against  towns,  and  raise 

money  for  same, 53 

appropriate  funds  for  roads  and  bridges,        53 

change  bounds  of  towns,  and  make  new, 

give  name  to  towns,  and  change  same, 

relocate  and  vacate  state  roads, 

perform  other  duties  required, 

majority  to  be  a  quorum, 

vote  decided  by  majority  present, 

sit  with  open  doors, 

chairman  may  administer  oath, 

county  court  clerk  to  be  clerk  of, 

same,  duties  of  as  such, 

same,  compensation  of, 

same,  hold  books  and  papers, 

any  one  may  examine  books  and  papers, 

clerk  endorse  accounts, 

clerk  furnish  certified  copies  ;  fee ; 

build  and  repair  court  house  and  jail, 

have  charge  of  poor  and  poor  houses, 

audit  pay  and  accounts  of  overseer  of  poor, 

new  name  of  town  sent  to  auditor, 

pay  to  be  *2.00  a  day, 

clerk  publish  proceedings, 

penalty  for  neglect  of  duty, 

audit  county  treasurer's  accounts, 

prosecute  his  bo^id  on  default, 

audit  bills  for  as.sessors'  books, 

equalize  a-ssessments ;  rules, 

alter  description  of  non-resident's  land, 

change  improper  assessment,    .         .       60,  161 


appoint  person  to  make  new  one, 

provide  for  reassessment  if  injunction, 

appoint  person  to  reassess, 

fix  compensation  for  same, 

appoint  collector  on  reassessment, 

fix  time  for  returus  by  same, 

levy  county  tax,  not  over  five  mills, 

levy  tax  to  build  bridge, 

levy  and  pay  over  road  tax, 

relocate  or  vacate  state  road  on  petition, 

petition  to  be  by  35  freeholders, 

appoint  viewers  on  same, 

viewers,  duties  of;  ... 

same,  notice  to ;  form ;   . 

same,  form  of  oath  and  report  of, 

same,  how  report  on  vacating, 

same,  cause  survey  to  relocate,     .         , 

make  order  on  report  of  viewers 

fi.x  pay  of  viewers, 

may  require  deposite  before  viewing,  *   . 

may  uot  alter  state  roads, 

hear  petition  against  excessive  road  dam. 

ages,      .  .        .        _        _ 

liow  uecide  on  such  petition, 
form  of  such  petitltlon,   .        .    '   .    *   . 


89-91 


sell  poor  farms, 147-8 

same,  chairman  make  deed,  .  .  .  148 
same,  former  sales  and  deeds  legal,  .  148 
fill  collectorship  if  vacated,  .  .  .  160 
examine  assessment  rolls,  .  .  .  164 
value  land  omitted  in  same,  .  .  .  164 
fix  and  record  rate  of  taxation,  .  .  165 
fix  county  boundaries  where  uncertain,  163 
same,  cause  survey  and  plat,  .  ,  1G8 
same,  if  not  act,  auditor  survey,  .  168 
clerk  make  waiTant  for  new  collector,  .  173 
duty  as  to  assessing  railroads,  .  .  175 
correct  changed  values  in  tax  list,  .  .  178 
chairman  approve  county  treasurer's  bond,  178 
allow  clerk  fees  for  tax  lists,  .  .  179 
approve  and  record  county  collector's  bond,  184 
allow  credit  to  collector  on  forfeited  lots,  187 
refund  erroneous  taxes,  ....  198 
levy  not  over  four  mill  county  tax,  .  198 
when  levied ;  lien  to  secure,  .  .  .  198 
transfer  tax  from  real  estate  where  per- 
sonal property, 205 

appoint  persons  to  take  census,  .  .  211 
make  regulations  as  to  dogs,  .  .  .  227 
permit  plank  or  other  road  on  state  or 

county  road, 228 

re-survey  town  roads,  ....        228 
permit  plank  road  to  transfer  route  to  rail- 
road,   229 

of  Boone  County,  levy  additional  tax,     .    232 
of  Jo  Daviess  Count}',  same,         .        .        232 
of  Cook  county,  two  thirds  of  must  vote 
for  roads  and  bridges,   ....    239 

may  borrow  money,     ....        240 

same,  regulations  as  to  bonds  and  use  of 
money,  ......     240 

BOARD  OF  TOWN  AUDITORS,  duties  of,  45-i7 
who  constitute,        .....      45 

examine  town  accounts,       ...  45 

vacancy  in  how  filled,       ....      45 

times  of  meeting,         ....  45 

deliver  accounts  audited  to  clerk,  .        .      45 
audit  town  charges  and  claims,     .         .  46 

make  certificate  of  doings,        ...      48 
may  require  affidavit  to  accounts,         .  48 

compensation  of,       .         .         .         .         .48 

certify  expense  of  bridge  to  supervisors,         71 
certify  to  expense  and  damages  on  road  ap- 
peal,          -        .        101 

same,  form  of  certificate,  .        .        .    102 

BOND,    OFFICIAL.     See  under  ^lames  of 
Officers. 
of  town  collector,         ....  35 

same,  fonn  of, 35 

same,  supervisor  approve  and  take,     .  33 

same,  recorder  to  record,  ...      37 

same,  a  lien  on  collector's  real  estate,  37 

same,  limitation  of  actions  on,  .  .  37 
same,  when  to  county  court  clerk,      .  37 

of  constable,  and  condition,     ...      33 

same,  form  of, 83 

same,  supervisor  or  clerk  approve  and  en- 
dorse,   33 

same,  filed, 38 

same,  certified  copy  to  be  evidence,  .  33 
game,  limitation  of  actions  on,     .        .  33 

supervisor's,  how  made  and  approved,     .      42 

same,  suit  on, 42 

county  tre,asurer's,  how  made,  .  .  55 
county  collector's  also  required,  .  56 

county  treasurer's,  entered  and  filed,  .  55 
same,  public  auditor  have  copy,  .  .  56 
same,  lien  on  treasurer's  real  estate,  .  55 
same,  prosecuted  on  default,  .  .  53 
of  collector  on  reassessment,  ...  61 
collector's,  effect  of  satisfaction  of,       .  62 

of  trea.surer  of  highway  commissioners,  65 
on  road  appeal,  .  ,  ,  .  .  95 
same,  form,  ......         95 


INDEX. 


291 


under  reyenue  act,  release  of,  .  .  1971  chosen  at  next  election,  .  .  .  123 
official,  county  clerk's,  .        .        .    213     election  how  contested,    ....    123 

on  appeal  from  county  commiss'n'rs' court,  218      issue  summons  on  appeal,  .        .        21!t 

county  tre;isurer's ;  form,         .         .         .     2221     provision  for  office  for,     ....     219 

BONDS,  INVKSTMENTS  IN,  defined,  149  CLERK  OF  COUNTY   COMJIISSIONERS. 

BOONE  COUNTY,  additional  tax  in,         .    2.32      See  Clerk  of  Cou.nty  Court. 

Boundaries  of  towns,  to  be  gov.  township  lines,  14  CLERK  OF  COUNTY  COURT,  record  and 


72,  211 

72 

.    108 

72 

.      72 


73 
201 


for 


creek  or  river  may  be, 

commissioners  to  fix,        .... 

alteration  of, 

BRIDGES.     See    Cau.sewats:   Roads  and 
BRIDGES ;  Toll-bridges. 
provisions  as  to,    .         .         .         .         .71- 
tax  for  how  laid  and  collected, 
notice  to  prohibit  ftist  driving  on, 
penalty  for  fast  drivingon, 
treble  damages  for  injuring, 
penalty  for  injuring, 
on  town  boundaries,  at  joint  expense, 
joint  contracts  for  by  commissioners, 
if  one  town  neglect,  how  built,    . 
same,  suit  for  part  of  expense, 
judgments  against  commis.sioners  as  to,  a 

town  charge, 

at  crossings  under  highway  to  join  private 

lands, 

sign  on,  to  prohibit  fast  driving, 
BUOIvEUS.     See  Bankers. 
BURIAL  GROUND.     See  Cemetery. 

not  taxed, 

BY-LA \VS,  towns  may  make, 
town  clerk  to  publish, 
of  town.s,  in  force  from  adoption,     . 
CANADA    THISTLES,   towns    provide 

kiUing,   .  .... 

CANAL  LANDS,  forfeit  for  unpaid  tax, 

how  assessed,  .... 

CANVASS  of  vote  at  town  meeting, 
not  to  be  stopped  after  commenced, 
mode  of  conducting,    . 
statement  of  minutes  to  be  read,     . 
at  elections,  conduct  of,      . 
CARRIACiE,  meaning  of  term, 
CATTLE.     See  Andials. 

towns  may  regulate  range,  pounding  and 

sale  of, 

CAUSEWAY',  damage  for  injuring, 
penalty  for  injuring,        .... 

CEMETERY,  in  divided  town,   to  belong 
where  it  remains,  .... 

not  taxed,      ...... 

CENSUS,  school  money  distributed  after, 
act  providing  for  taking, 
board  of  supervisors  appoint  takers, 
CERTIFICATE,  official.     See  under  na7nes 

of  officers. 
CH.4lLLENGE  to  voter  at  town  election,  pro- 
ceedings,   30,  31 

at  elections, 124,  128 

CHARITABLE  INSTITUTIONS  not  taxed,    151 
CHICAGO,  ward  supervisors  of,  .        .    10! 

CHICAGO,   and   North,   South    and  West 
Chicagoi 

See  CooK  County. 
town  meetings  abolished ;  substitute,  23' 

town  officers,  choice  of,  ...     23 

election  returns  in,       ....        24 
!?pecial  town  meetings,     ,        .        .        .24' 
CIRCUIT  COURT.     See  Clerk  op  Circuit 
Court  ;  Judge. 
time  of  electing  judge,     .        .        .        .12 
jurisdiction  on  appeal,  ...        21 

appeal  from  to  supreme  court,         .        .    21 
CITIES,  powers  of  supervisor  of  ward  of,         4 
ordinances  not  affected  bv  road  law,  23 

CLERK   OF   BOARD   OF  "SUPERVISORS. 

See  BoiRD  OF  SUPERVISORS. 

CLERK  OF  CIRCUIT  COURT,  judge  ap 
point  if  vacancy,  .... 


24 

209 
,    165 

33 
.      »1 

34 
.  34 
126,7 
.    231 


123 


certify  township  organization  vote, 
receive  report  of  commissioners, 
distribute  notices  for  first  town  meeting, 
transmit   commissioners'  report  to  state 

auditor, 

record  description  of  towns  organized, 
receive  information   of   duplicated  town 

munes, 

inform  auditor  of  new  town  name  substi- 
tuted, ...... 

to  be  clerk  of  board  of  supervisors, 

his  duties  as  such, 

send  auditor  copy  of  treasurer's  bond, 
prepare  books  for  county  assessors, 
furnish  lists  of  taxable  lands  for  same, 
when  furnish  lists  of  lands, 
guide  in  making  such  lists, 
make  lists  for  collector  on  re-assessment, 
fees  for  services  as  to  taxation, 
notify  election  to  abolish  township  organ- 
ization,   

transmit  presidential  vote,  . 

make  notice  to  judges  of  election, 

make  notice  of  election, 

form  of  such  notice,         .... 

make  abstract  of  votes, 

make  certificates  of  election,   . 

duties  where  two  counties  in  one  district, 

same,  travel  fees  of  clerks, 

certify  to  pay  of  election  judges  and  clerks, 

transmit  abstract  of  vote, 

furnish  copy  if  returns  are  delayed, 

notify  of  vacancy  in  legislature, 

same,  in  sheriffs  or  coroner's  office,    . 

penalty  for  non-performance  of  duty  a^ 

elections, 

give  certificate  on  contested  election, 
canvass  and  publish  result  of  election, 
notify  governor  of  vacant  sheriffalty, 
notify  of  non-resident  pauper,              I'M, 
enter  merchant's  property  on  tax  list, 
report  same  to  collector, 
ascertain  penalty  for  not  listing, 
issue  call  to  fill  vacant  collectorship, 
administer  oaths  as  to  assessment, 
compare  asscs.sment  rolls, 
correct  and  copy  same ;  lay  before  super- 
visors,   

his  fees  for  same,  .... 

extend  taxes  on  copy,      .... 
deliver  corrected  roll  to  collector, 
attach  warrant  to  roll,     .... 
contents  of  warrant ;  form , 
notify  treasurer  when  tax  book  ready, 
advise  assessors  as  to  their  duties,    . 
pay  double   damages  for  neglect  of  duty 

under  revenue  law,       .... 
file  county  line  survey, 
file  abstracts  from  land  office, 
furnish  lists  to  assessors,  .        .    169,  170, 
how  make  same,  .        •        .        lt)9, 

inform  auditor  of  estate  not  listed, 
correct  records  as  to  same, 
compare  and  correct  real  estate  list  for  as- 
sessor, ...-•• 
make  list  of  railroad  property, 
notify  railroad  of  changed  valuation, 
preserve  collectors'  tax  books, 
allow  for  changed  value  of  property, 
approve  county  treasurer's  bond,   . 
fees  for  making  hsts,    .  '       ,.  x 
fees  for  tax  abstracts  and  deUnquent  hsts, 


16 
64 
54 
56 
68 
69 
59 
59 
61 
62 

109 
111 
112 
113 
113 
116 
116 
116 
116 

lis 

117 
117 
118 
118 

119 
121 
126 
127 
146 
157 
157 
157 
160 
160 
164 

164 
164 
164 
164 
165 
165 
166 
167 

167 
168 
169 
177 
177 
170 
170 

170 
175 
177 
177 
177 
178 
179 
179 


292 


INDEX. 


compute  taxes  due,  .... 

add  liny  back  t;ix  and  interest,     . 

make  resideut  tax  list, 

make  uou-i'esident  tivx  list, 

ab.stract  of  lists  certified-and  mailed, 

penalty  for  wrong  abstract, 

certif  /  list  of  abated  taxes, 

correct  and  copy  list  of  delinquent  lands, 

deliver  .papers  for  collector's  settlement, 

coinp  ire  and  con-ect  delinquent  list, 

take  tax  books  if  collector  dies, 

same,  have  abstract  made, 

record  lands  adjudged  to  be  sold, 

such  list  be  process  for  tax  sale, 

record  lots  tm  sold,        .... 

record  redemptions  of  same, 

make  and  deliver  transcript  of  tax  sales, 

malie  order  for  redemption  of  land, 

annual  report  of  forfeited  land,  . 

record  twice  paid  taxes, 

give  certificate  of  land  sold  for  tax, 

books  evidence  of  tax  sale, 

cancel  erroneous  sale,  .... 

fees  under  revenue  act,   .... 

duties  as  to  arrear  taxes, 

not  to  buy  at  tax  sale,     .... 

penalty  for  same,  .... 

iiabie  for  redemption  money,  . 

vacate  office  by  not  paying  same, 

duty  if  county  commissionership  vacant, 

elected,  hold  o.lice  four  years, 

place  of  office,  oath,  bond, 

removable  for  cause 

vacant  office  how  filled,        .        .         213, 

not  delivering  books  to  successor,  penalty, 

post  statement  of  county  funds,  218, 

same,  fine  for  omitting,  .... 

file  transcript  on  appeal, 

provision  for  office  for,     .... 

issuing  orders,  how  signed,  .        . 

file  treasurer's  reports,     .... 

receive  no  county  money,    . 

record  annual  county  settlement, 

penalty  for  ueglect  of  duty, 
CLEiiK  OF  ELECTION,  judges  of  election 
choose, 

term  of  office  at  pleasure  of  judges,     . 

oaths  of,  ...  .        . 

proclaim  opening  and  closing  of  poU, 

make  poll  books  how,      .... 

county  clerk  certify  to  pay, 

penalty  for  misconduct  of,        .         .     118, 

keep  poll  list ;  how  kept, 

duty  in  canvassing  vote, 

attest  poll  books,  .... 

CLEilK  OF   SUPilEME  COURT,  judge  ap- 
point if  vacancy, 

election  how  contested, 
CO  AOH  K3,  hackney ,  not  included  in  road  law, 
OOLLEL-'TION      See  Collector. 
OOLLECTOil     See  County  Collector. 

when  elected, 

elected  by  ballot,  .... 

^rm  lUties  as  to  oath  and  acceptance, 

bond  of,  executed  to  and  filed  with  super- 
visor,     •        . 

same,  form  of,       .        .  .        . 

same,  supervisor  to  approve,  and  file  with 
recorder, 

same,  farm  of  supervisor's  approval,    . 

same,  recorder  enter,        .... 

Siime,  lien  on  his  real  estate, 

aune,  limitation  of  actions  on,        .        . 

make  bond  to  county  clerk  when, 

neglect  to  give  security  and  take  oath  a 
refusal  to  serve.  .... 

proceedings  if  stopped  by  injunction, 

011  re-assessment,  board  supervisors  may 
appoint,  ..... 


same,  bond,  compensation,  penalties  of,  61 

game,  authority  of,            ....  61 

same,  tune  of  returns  by,    ...  62 

if  delay  to  pay  over  state  revenue,           .  62 

receive  taxes  from  each  of  two  claimants,  62 
entitled  to  satisfaction  piece  on  accounting.  62 

a  judge  of  elections,         ....  108 

how  collect  on  merchandize,         .        .  157 

warrant  for,  sub.'tauce  and- form,         ICo,  166 

levy  by  distress  if  tax  refused,        .        .  166 

payment  to,  when  required,         .         .  166 

proceed  where  laud  in  two  counties,        .  168 

provisions  as  to  duty,           .        .        .  171 

call  on  each  person,          ■         .        .         .  171 

distress  if  tax  refused,           .         .         .  171 

notify  tax  sale,         .         .         •         .         .  171 

return  surplus  at  sale,          .        .        .  171 

proceed  on  removal  of  tax  payer,     .        .  171 

when  pa}'  over  tax,       ....  171 

take  duplicate  receipts,    ....  172 

pay  surplus  tax  to  supei-visor,              .  172 

receive  pai't  of  tax,           ....  172 

pi'oceed  if  share  undivided,           .         .  172 

proceed  when  unable  to  collect,       .         .  172 

file  and  swear  to  such  return,       .        .  172 

refusing  or  failing  to  serve,  vacancy  filled,  173 

same,  duties  of  appointee,       .        .        .  173 

same,  surety  not  relieved,    .         .         .  173 

same,  warrants  for  successor,          .        .  173 

not  paj  ing  over,  proceedings,      .          173,  174 

compensation  of, 175 

adverti.se  delinquent  lands,          .        .  178 

sale  of  same,  when,          ....  178 

list  delinquent  lands  how,    .        .        .  179 

not  collect  railroad  tax,            .        .        .  179 

COLLEGES,  property  of  not  taxed,        .  151 
COMMISSIONEUS    to  lay  off  county  into 

towns, 14 

services  of  audited  by  supervisors,      .  14 

services  of  paid  by  county,      ...  14 

mode  of  performing  duties  of,      .         .  14 

name  town,  if  inhabitants  do  not,           .  14 

appointed  by  county  court,           .         .  14 

report  to  county  court  clerk,           .        .  15 
COMMISSIONEUS  OF  HIGHWAYS,  when 

chosen, 23,  199 

towns  may  order  to  raise  road  tax,       .  24 

terms  of  office, 110 

draw  lots  for  same,       .        .        •        .  110 

elected  by  ballot, 33 

formalities  as  to  oath  and  acceptance,  35 

fine  for  refusing  to  ser^'e,          ...  39 
successor  to  demand  books  and  papers,  39,  40 

same  to  be  delivered  to  successor,            .  40 

public  money  to  be  paid  to  successor,  40 

same,  delivery  in  case  of  death  of,           .  40 

foi-m  of  oath  at  such  delivery,     .        .  40 

compensation  of,              .                 .        .  47 

have  charge  of  roads  and  bridges,  63 

repair  roads ;  repiiir  and  build  bridges,  64 

lay  out,  regulate,  alter  and  vacate  roads,  64 

describe  undescribed  highways,       .        .  64 

repair  roads  and  bridges  over  streams,  65 

divide  towns  into  road  districts.      .        .  65 

form  of  description  of  road,         .        .  65 

form  of  division  into  road  districts,          .  65 

assign  road  labor  to  inhabitants,          .  66 
direct  overseers  of  highways  to  warn  for 

labor,             66 

choose  treasurer ;  his  duties,        .        .  66 

his  bond,  its  contents ;  form  of,       .        .  66 

order  of,  required  to  pay  money,          ,  66 

annual  account  to  town  auditors,            ,  67 

same,  items  of,      ....         ,  67 

same,  form  of,           .         .         .         .         ,  67 

put  up  guide-boards,                    .        ,  68 

direct  scraper  and  plow  to  be  got,           .  68 

time  of  meeting  of,           ...       68,  110 

assess  highway  labor,  ....  68 


INDEX. 


293 


Bat  number  of  days  for  each  person,  .  69| 
list  description  of  land,  and  amount  of  tax,  69| 
list  subscribed  and  filed,  ...      69 

form  of  order  of  assessment,         .         .  69 

form  of  assessment  of  labor,  ...  69 
form  of  assessmeut  of  road  tax,  .         .  69 

have  copies  made  and  given  to  oversecr.s,  70 
credit  persons  lining  on  private  roads.  .  70 
additions  to  lists,  ....  70 

penalty  for  neglect  of  duty,  ...  71 
8t;ite  expense  of  bridge  needed  to  town 

auditors,  .....  71 

form  of  estimate  for  building  bridge,  .  71 
put   up   prohibition  of   fast   diiving  on 

bridges,      .        .    -  .        .        .  72, 211 

of  adjoining    town    contract   jointly  for 

bridge, 72 

form  of  such  contract,         ...  72 

liable  on  such  contract,  ....  72 
form  of  notice  to  join  in  same,     .        .  73 

appoint   to  vacant  overseership  of  high- 

wa3S, .       74 

file  waiTant  and  notify  such  appointee,  74 

Bue  delinquent  overseer,  ...       75 

auilit  and  pay  bill  of  overseer,     .         .  78 

apply  road  tax  to  road.s  imd  bridges,  .  79 
apply  unexpended  iiionej',    ...  80 

prosecute  delinquent  overseer,  .  .  80 
alter,  close,  or  lay  out  road  on  petition,  S2 
same,  provisions  at  length,  .  .  82 — 108 
same,  proceeilings  on  petition,      .         .  84 

sanie,  personally'examine  route,  .  .  84 
same,  have  hearing  before  decision,     .  84 

same,  fix  and  notify  time  and  place  of 

hearing 84 

same,  form  of  notice  of  hearing,  .  .  84 
to  lay  out  or  alter  road,  cause  survey,  85 
same,  report  and  plat  of  survey,  .  .  85 
same,  orders  to  contain  plat  and  survey,  85 
same,  tile  order  with  town  clerk,  .  .  85 
same,  fonn  of  survej  or"s  report, 
same,  form  of  commissioner's  order,  .  85 
same,  agree  with  owner  on  damages,  .  80 
same,  damages  otherwise  to  be  assessed, 
same,  form  of  refusal  to  alter  or  close,  86 
same,  form  of  agreement  on  damage,  80 
same,  commissioners  how  assess  damage,  87 
same,  benefits  of  road  assessed,  .  .  ST 
same,  fonn  of  assessing  damages,  .  87 
same,  form  of  owner's  release  of  damages,  87 
cause  resurvey  of  county  road  on  peti- 
tion,       92 

same,  fonn  of  petition,         .                 .  9L 
same,  form  of  notice  of  petition,     .        .      92 
same,  consult  original  field  notes  and  sur- 
vey,             92 

same,  hear  evidence,  ....  92 
same,  re-establish  such  road,  .  .  92 
same,  make  and  file  certificate,  .  .  93 
same,  form  of  affidavit  to  notices,  .  93 
same,  forms  of  certificate  of  re-establish- 
ment  93 

subsequent  laying  out  not  vacate  county 

road 93 

appe.ils  from  action  of,  .  .  .  93 — 101 
same,  'fp  Road  Appeal.. 
refusing  to  Liy  out  road,  appeal,  .  .  99 
same,  duty  if  refusal  reversed.  .  .  100 
appe;il  from  if  road  on  town  line,  .  100 
not  chamre  road  for  a  year  after  appe.il,  .  101 
render  account  of  ro;id  damages  and  char- 
ges  101 

same,  forms  as  to  accounts,  .  .  101-2 
of  adjoining  towns,  proceedings  on  road  in 

both.  ...-,.        103 

of  adjoining  counties,  s.ame,  .  .  .  103 
divide  expense  where  road  on  town  line,  104 
set  off  road  districts  in  same  case,  .  104 
open  road  through  improved  land,  .        .    104 


same,  notify  to  remove  fence,  .  .  104 
same,  form  of  such  notice,  .  .  .  104 
same,  how  proceed  if  fence  not  moved,  104 
same,  if  appeal,  notice  when,  .  .  .  105 
how  proceed  to  lay  out  private  road,  .  106 
same,  form  of  order  to  lay  out,  .  .  106 
permit  plank  or  other  road  on  state  or 

county  road, 228 

approve  re-survey  of  town  roads,     .        .    228 

COMMISSIONEKS  of  Illinois  and  Michigiin 

canal,  enter  forfeited  canul  lands,  209 

CO.MMISSIONER  OF  SCHOOL  fund,  super- 
vise distribution  of  school  money,  201 

COMMON  FIELDS,  provisions  as  to,      131—133 
proprietors,  meet  annually,  .  .        131 

s;mie,  regulate  fields  by  major  vote,  .  131 
same,  may  fence  their  part,  .         .        131 

same,  election  and  duties  of  officers,  .  131 
same,  choose  field  committee,  .  .  131 
duties  of  field  committee,  .  .  .  131 
proprietor's  meeting,  how  called,  .         131 

same,  tjix  themselves  for  exjKjuses,  .     132 

same,  appoint  collectors,  .  .  .  132 
committee  regulate  making  fences,  .     132 

same,  obey  orders  of  proiuietors,  .        132 

proprietors   may   pass   over  each  others 

land  to  make  fence,  ....  132 
fence  between  and  other  land,  .  .  132 
field    committee  repair   boundary    fence 

when, 132 

same,  recover  amount  of  delinquent,  .  132 
notice  of  laying  open  lands  next,  .  .  132 
same,  damages  for  omitting,  .  .  133 
charges  against  proprietors,  how  paid,  .  133 
s;ime,  how  audited  and  vouched,  .        133 

proprietors  may  order  fines,  .  .  .  133 
limit  of  fines  ;  appeal,  ....  133 
to  have  good  fence,  .  .  .  .  .13.3 
animals,  when  admitted,  .  .  .  133 
same,  proprietors  regulate  admission,      .     133 

COMMUTATION  for  highway  labor,        .  75 

when  to  be  paid,        .         .         .        .  76 

CONSTABLE,  when  chosen,  .  23 

elected  for  four  years  unless  vacancy,  23 — 39 
additional  when  allowed,       ...  23 

number  and  pay  of  additional,  .  ,  23 
special  election  may  choose  if  vacancy,  27 

elected  by  ballot, 33 

take  oath  of  office,         ...  37 
give  bond  ;  contents  of  same;  form  of,     .      88 
neglect  to  give  bonds  and  take  oatii,  a  refu- 
sal to  serve, 39 

form  of  approval  of  bond  of,        .        .  39 

how  <'ollect  fine  on  road  labor  complaint,      77 

speci:d  at  election 114, 115 

duty  where  information  refused  to  assess- 
or,   161 

CONTESTING  ELECTION.    See  vnder  Elec- 
tion. 

CONTRACTS,  towns  may  make,     ,        .         16 
counties  may  make,  ....      50 

same,  bow  made,  ....        215 

CONVEYANCE,  of  land  to  towns,      .        .      17 
of  land  of  divided  town,  form,    .        .  19 

of  laud  to  counties,  ....      51 

COOK  county ,  provisions  as  to  town  meeting,  110 
two-tliird.s  of  supervisors  vote    for  roads 

and  bridges -^ 

town  meetings  in  when,  .  .  •  •  --39 
town  officers  hold  over,  .  •  •  -jj* 
town  meetings  abolished ;  substitute,  2^ 
town  officers  how  chosen,     .        •        •        -^ 

election  returns  in. ~™ 

special  town  meetings,  .         •         •        ^j! 

supervisors  may  borrow  money,  .  •  ^40 
bonds,  how  issued  ;  use  of  money,  .  ^40 
special  tax  for  same,         .         •         •  ^™ 

report  and  record  of  any  tax.       .         •        ^41 

CORONER,  election  to  vacancy  in  office,         118 


294 


INDEX. 


16 

58 
152 

158 
50 


CORPORATIONS.      Rights  and  duties  of 

towns  as,    .         •         •         ■  • 

lanils  and  stock  of,  how  assessed,     . 
same,  receiver  how  hst, 
rule:5  for  Ustiug  property  of,     . 
COSTS  in  town  suits,  as  in  private  one, 
COUNTIES.     See  Bo.^aD  op  Sdpeevisors; 

Township    Organization  ;     and  under 

names  of  county  officers. 
vote  on  township  organization  m,         .  IS, 

pay  commisaioners  on  townships,  .  •„■'■* 
powers  and  rights  of,    .        •        •        •     ™~^-^ 

sue  and  be  sued, 50 

purchase  and  hold  land,       ...  50 

make  contracts  and  buy  and  hold  personal 

property,       .         .         •         •         •         •      ^^ 

galate  use  of  its  corporate  property,  50 

^j'poiTers  but  those  specially  given,  .  50 
acts  by  and  agiinst  to  be  in  name  of  board 

of  supervisors, 51 

conveyances  to  maybe  in  any  manner,  51,  214 
board  of  supervisors  must  exercise  powers 

of, 51 

mode  of  serving  process  on,  .        .  51 

supervisors  audit  accounts  of,  .        .      53 

treasurer  receive  and  pay  money  of,     .  53  j 

provide  book  for  county  treasurer,  .  .  57| 
pay  for  assessors'  books,       .        .        .  59j 

supervisors  levy  tax  of  five  mills,  .  .  62j 
road    running    into   adjoining,   proceed-        | 

ings,  .....  •        103, 

how  re-adopt  county  org inizxtion,  .  .  109 
elections  where  two  in  one  district,  .  113; 
same,  travel  of  clerks  ho .V  paid,  .  .  116 
provide  blank  election  returns  and  poll-        | 

books, 

liable  for  support  of  piupers,  . 

when  pay  expense  of  sick  or  dead  non 

resident, 

recover  cost  of  non-re5ident  pauper, 
title  of  poorhouse  to  be  in, 
unsold  swamp  lands  of  not  taxed,  . 
building?  of  anl  land  not  taxed, 
uncertain  boundaries  how  fixed, 
same,  expense  pail  by  each, 
supervisors  levy  not  over  four  mill  tax,  . 
same,  when  levied ;  lien  to  secure,  .  193  j 
to  be  bodies  corporate,  ....  212| 
to  have  county  commissioners'  court,  212; 

provisions  as  to  same,  .        .        .  212j 

obligations  to,  not  vitiated  for  want  of  form,  214 
same,  suit  may  be  brought  on,  .  .  214 
agents  for,  county  court  appoint,  .        215 

same,  may  bind  county,  ....  215 
actions  against,  where  brought,  .  .  215 
same,  process  how  served,  .  .  .  215 
same,   inhabitants  may  be  vritnesses  or 

jurors, 215 

same,  county  commissioners  manage,  .  215 
judgment  agiinst,  how  paid,  .  .  215] 
execution  not  issue  agiinst,  .  .  .  213; 
jurisdiction  of  on  Mississippi  and  Wabash,  215] 
divided,  boundary  run  where,  .        .    218 

size  of,  minimum,  .  .        .        218 

money  orders  of,  how  signed,  .  .  .  219 
money  paid  only  on  order,  .  .  .  223 
claims  of,  payable  to  tt«asurer,  .  .  223 
receipts  by,  disposil  of,  .  .  .  223 
annual  financial  report,  .        ,    218, 225 

COUNTY  ASSESSOR,  duty  if  false  valuation 

b/  corporation, 159 

COUNTY  CLEa,K.     See  Clerk  of  county 

COORT. 

COUNTY   COLLECTOR.      See  Collector; 
CoaNTT  Trbasorer. 
treasurer  give  bond  as,         ...  53 

fees  of  for  collecting,  ....  57 
duty  in  case  of  re-assessment.      .        .  62 

collect  on  raih-oad  property,     .        .        .179 


prosecute  if  same  unpaid,     .        .        .        179 

collect  taxes  on  receipt  of  list,         .        .     186 

make  sworn  delinquent  hst,  and  errors,        186 

allow  abatements, 186 

sell  town  lots  for  taxes  when,       .        .        187 

make  sworn  list  of  delinquent  lauds,       .     187 

form  of  oath  to  same,  .        .        .        .        1S7 

settle  accounts  June  1st,  .        .         .    188 

defiiulting,  auditor  proceed  against, 

same,  warrant  how  executed,    . 

same,  indorsement  on  warrant,    . 

same,  suit  on  bond  of, 

same,  duties  and  liabilities  of  special  age 

same,  agents  file  bond, 

add  50  per  cent,  on  taxes  over  due, 

enter  taxes  received, 

advertise  delinquent  lands, 

take  judgment  against  same, 

notify  of  sale,  .... 

dying,  county  clerk  take  books,  . 

same,  substitute  appointed, 

same,  duties  of  substitute,  . 

receive  newspaper  with  notice  of  sale, 

pay  printer's  fees, 

sued  if  printing  fee  unpaid,     . 

when  file  list  of  delinquent  lands, 

form  of  such  list, 

report  such  hst  up  to  time  of  judgment, 

affidavit  to  same, 

deliver  transcript  of  tax  sale  to  auditor, 

collect  and  pay  unpaid  tax, 

sell  to  secure  same  every  five  years, 

securities  on  his  bond,  attach, 

refund  erroneous  taxes, 

same,  liable  on  refusal,     . 

overpaying,  receive  surplus  back, 

make  return  of  taxes  paid  twice,     . 

enter  payment ;  give  receipt, 

attend  tax  sale ;  offer  lands,     . 

sell  land  to  lowest  bidder, 

continue  sale  untU  finished,     . 

file  advertisement  of  dehnquent  lands. 

countersign  tax  sale  buyer's  certificate 

not  attending  tax  sale,  liable, 

not  buy  or  shave  warrants  or  orders, 

pay  over  school  money, 

same,  proceed  when  not  collected, 

same,  may  be  sued  on  refusal, 

same,  Uable  for  aU  though  not  collectetl, 

payments  into  state  treasury, 

fees  under  revenue  act, 

pay  over  redemption  money, 

make  tax  deed, 

interest  remitted  when  tax  books  not 
ceived,  .        .         .... 

not  buy  at  tax  sale, 

penalty  for  same, 209 

report  non-p.ayment  of  canal  land  tax,        209 

county  treasurer  not  to  be,  .  .    209 

falsely  returning  taxes  as  unpaid,  penalt)',  210 

not  trade  in  auditor's  warrants,  penalty,     210 

pay  over  county  school  money,  .        210 

receive  auditor's  warrants  for  taxes, 

not  discount  such  warrants ;  penalty, 
COUNTY  COINIMTSSIONERS.     See  County 
CoJvraissiONERs'  Court. 

roads  laid  out  bv  to  be  highways, 

same,  order  for  to  be  evidence,    . 

duty  as  to  poor  non-resident, 

vacancy  in  office,  how  filled, 

iees  of,  .... 

oldest  preside,      .... 

approve  county  treasurer's  bond, 

penalty  for  neglect  of  dntv, 
COUNTY  COJIMTSSTONEKS'  COURT      See 
CouNTr  Court  ;  Clerk  op  County  Court. 
.  act  relative  to,  .  .  .      212-221 

remove  clerk  for  cause,    .  .  .      213 

appoint  to  vacant  clerkship,  .  213 


188 
188 
189 

nts,  189 
189 
190 
190 
190 
190 
190 
192 
198 
193 
193 
193 
194 
194 
194 
195 
195 
196 
196 
195 
197 
198 
198 
198 
199 
199 
199 
199 
199 
199 
200 
201 
201 
201 
201 
202 
202 
202 

203,  207 
.  206 
207 


207 

209 


226 
226 


91 
92 
142 
213 
217 
217 
222 
225 


INDEX. 


295 


appoint  commissioner  to  sell  county  pro- 
perty,   .  .  .  .  .214 
appoint  agents  to  contract  for  county,         215 
take  charge  of  county  actions,   .  .      215 
draw  warrant  for  judgment  against  county,  215 


sessions  of  when, 

proceedings  if  no  quorum,    . 

special  terms  of,    .  .  .  , 

jurisdiction  of,  .  .  , 

issue  process,        .... 

procure  county  seals,  .  , 

have  seal ;  style  of  process, 

enforce  writs, 

jurisdiction  limited  to  county  business, 

punish  for  contempt, 

fees  of  clerk, 

justices  and  officers  account  to,  , 

fees ;  oldest  preside,    . 

erect  jails ;  report  on  same, 

erect  court  house,       .  .  . 

have  charge  of  same, 

procure  land  lor  county  buildings, 

lease  vacant  rooms  in  court  house, 

report  annually  on  county  funds,     . 

same,  penalty  for  neglect,  .  . 

appeals  from ;  bond, 

erect  tire-proof  recorder's  oflSce, 

use  room  of  court-house  for  same,   . 

provide  fire  pi-oof  record  room,  . 

offer  reward  for  horse  thieves, 

offer  reward  for  fugitive  from  justice, 

settle  anuuaUy  with  treasurer, 

dismiss  and  sue  dcfaiilting  treasurer,     . 

publish  annual  financial  report, 

order  accounts  of  treasurer  at  any  time, 

dismiss  and  sue  liimon  refusing  same,  . 

examine  him  a-s  to  using  county  funds, 

fill  vacant  treasurerships, 

duty  of  such  appointee,        .  .  - 

COUNTY  COUKT.    See  Clerk  of  County 

Court  ;  County  ConnnssioNERs'  Court. 

County  Judge. 
submit  question  of  township  organization. 


215 
215 
21G 
216 
21G 
21G 
216 
216 
210 
217 
217 
217 
217 
217 
217 
218 
217 
218 
218 
218 
218 
219 
219 
220 
£20 
220 
224 
224 
224 
225 
225 
225 
225 
225 


issue  writs  ad  quod  damnum,  .         .    221 

terms  when  commence,         .         .         .        221 
make  regulations  as  to  days,  .        .    227 

permit  plank  or  other  road  on  state  or 

county  road, 228 

permit  plank  road  to  transfer  to  raihoad,  229 
COUNTY  JUDGE.     See  County  Court. 
have  county  court  jurisdiction  in  suite 


appoint  commissioners  to  lay  oft"  townships,  14 

duties  of  such  commissioners,     .            .  14 
clerk  of.   See  Clerk  op  County  Court. 

roads  laid  out  bj'  to  be  public  highways,  91 

same,  order  as  to  to  be  evidence,        .  92 

acts  of  in  fcix  suits  legalized,       .            .  109 

form  election  precincts,          .            .  112 

change  place  of  voting  on  petition,        .  112 

appoint  judges  of  election,    .             .  112 

fill  vacancy  among  same,             .            .  112 

appoint  constables  at  election,          .  115 

order  pay  of  election  judges  and  clerks,  11 

allow  expense  of  poor  non-resident,  .  14-3 

appoint  one  of  the  overseers  of  poor,      .  143 

appropriate  for  support  of  poor,        .  143 

change  custody  of  poor,              .           .  143 

establish  poor  houses,            .            .  144 

take  land  for  same,          .            .            .  144 

receive  donations  for  same,    .            .  144 

lay  tax  for  same,               .            .             .  144 

appoint  to  charge  of  same,    .            .  145 

use  county  fund  for  same,            .            .  145 
hear  complaint  for  misuse  of  indentured 

pauper,  ....  147 
same,  render  judgment,  .  .  147 
same,  costs  if  not  sustained,  .  147 
have  jurisdiction  of  tax  suits,  .  .  187 
same,  to  be  at  regular  term,  .  193 
6;une,  hear  and  deteiTuine  on  Ust  of  delin- 
quent lands,  .  .  .  195 
same,  forms  of  order  of  sale,  .  .  195 
same,  signed  by  judge;  force  of,  .  195 
same,  appeal  from.  *  .  .  .  195 
fiU  vacant  county  clerkship,  .  209 
school  money  how  paid,  .  .  210 
pu  I,  up  prohibition  of  fast  driving  on  bridge,  211 


for  taxes,        ...  .         .     109 

approve  county  treasurer's  bond,        .        178 
certify  to  value  cf  land  sold  for  state,      .    206 
appoint   census   takers  in  Adams,   Han- 
cock, Henrv  counties,  .        .  212 

COUNTY  OFFICE,  proceedings  if  election 
contested,     .        .        .        .        .      119-121 
time  of  election,  .        .  .        .        122 

COUNTY  OFFICERS,  account  to  county,     217 
penalty  for  not  doing  so,   '       .         .         .     217 

COUNTY  KECORDER,  enter  satisfaction  of 
collector's  bond, 62 

COUNTY  ROADS.     See  Roads. 
re-survey  of, 92,  93 

COUNTY  TREASURER,  powers  and  duties 

of, 55-58 

file  acceptance,  give  what  bond,  55,  183 

foi-m  of  acceptance,  ...      55 

form  of  bond, 56 

must  also  give  bond  as  collector,    56,  178,  183 
same,  how  approved,        ....     178 

bond  entered  and  filed,         ...  56 

copy  of  same  sent  to  state  auditor, 

bond  lien  on  his  real  estate, 

receive  and  disburse  county  money, 

keep  accounts  in  county  book,     . 

collect  tax  of  delinquent  or  non  resident, 

fees  of;  return  assessment  roll, 

show  books  to  board  of  supervisors,     . 

books  delivered  to  success/ir  on  oath, 

penalty  for  neglect  to  deliver  books, 

fees  of,      .         .         .         .         •         . 

no  fee  for  paying  over  to  successor, 

sued  on  failure  to  pay  over, 

auditor  prosecute  on  copy  of  bond, 

disposal  of  monej'  recovered  from, 

give  satisfaction  piece  to  collector, 

acknowledge  same, 

fees  for  such  acknowledgment,     . 

not  giving  bond  as  collector,  vacates, 

same,  successor  ajjpointed, 

pay  over  tax  on  delinquent  i-eal  estate, 

compare  sums  to  be  collected, 

file  receipts  of  collector  for  evidence, 

credit  for  uncoUectable  tax,     . 

proceed  if  collector  defaults, 

proceed  next  against  sheriff, 

same,  when  sue  on  sheriff's  bond, 

deliver  tax  books  to  county  clerk, 

securities  to  bond  as  collector, 

oath  as  same  ;  form, 

bond  not  void  by  informal  assessment, 

bond  approved  by  supervisors, 

as  collector,  receive  non-resident  lists, 

same,  give  dupUcate  receipts  for  same, 

same,  when  taxes  due  to,      . 

not  buy  or  shave  waiTants  or  orders, 

fees  under  revenue  act, 

must  not  be  sheriff  nor  collector,    . 

countersign  county  orders, 

enter  particulars  of  same, 

not  countersign  blank  order, 

provisions  as  to, 

elected  every  four  j'ears, 

court,       ...... 

same,  repealed ;  to  be  two  years, 
take  oath  ;  form,     ... 
make  bond ;   form,       .        .  _      • 

keep  books ;  mode  of  milking  entries, 
k^^  correct  accounts  of  pajTuents, 
pay  on  what  order,  .        •       • 


56 
66 

56 

67 

67 

57- 

57 

67 

57 

57 

58 

58 

58 

58 

62 

62 

62 

160 

160 

165 

166 

172 

.    172 

173, 174 

.    174 

174 

.    177 

184 

.    184 

184 

.    184 

186 

.    185 

185 

.    201 

203 

.    209 

219 

.    219 

220 

222-226 

222 

.    217 

226 

222 

022 

.    222 

223 

.    223 


296 


INDEX. 


malie  annual  report,     . 
receive  all  county  funds, 
give  duplicate  receipts  for  same, 
dismissed  and  sued  on  default, 
settle  annually  witli  county, 
called  on  for  report  at  any  time, 
game,  vacate  on  refusal, 
exohanging    county    money    for 

money,  .... 

vacancy  ho.w  filled, 
penaltv  for  neglect  of  duty,     . 
make  indorsement  on  county  orders, 
enter  items  of  such  orders, 
reserve  funds  to  meet  same, 
deliver  record  of  orders  to  successor, 
COiJ.MV      See    Circuit    Court;     County 
Court;  County  Commissioners'  Court, 
Justice    op    ths    Peace  ;     Supreme 
Court. 
COUilT  HOUSE,  board  of  supervisors  build 

and  repair,  

erection  and  care  of,     .        .        .         217, 
CREDITS,  term  defined,     .... 

valuation  of, 

how  listed,        ...... 

CiUiMK.     See    Embezzlement  ;   Fine  ;    Im- 
prisonment ;  Penalty  ;  Perjury  ;  Re- 
ward. 
DAM.\GE3,  rule  of  in  town  trespass  suit, 
treble  for  injuring  bridge  or  causeway, 
for  roids,  proceedings  to  fix,      .        .    83, 
same,  forms  reLitiiig  to,  .        .   83-83, 

from  county  clerk  tor  not  doing  duty  at 
election,  .         .  ... 

refusing  proper  vote, 

not  notifying  of  laying  open  lands, 

brealiing  fence  by  animals, 

neglect  of  duty  by  assessor,     . 

double,  for  oiUcial  neglect  under  revenue 

law, 

DEBTS,  of  subdivided  town,  apportioned, 

deduction  in  lio'ting  for  tax,     . 
DEKD^.     S:--e  Tax  Deeds. 

to  counties, 51, 

DEFAULTING,  vacate  office,      . 
DEKALB  COu\i'Y,  higliway  commissioa- 

ers  may  act  as  to  roads  in, 
DELINQUE.NT  TAX      See  Taxes. 
DISFilAN'CIIISKMENT  for  malfeasance  by 
election  officer,     ....      118, 
DITCllIE-j,  how  made  and  regulated, 
DIVISIO.V  FENCE.     See  Fences. 
DOfl.S,  county  courts  or  supervisors  regu- 
late,        

penalty  for  not  obeying  regulations, 
DlllVE.l,,  drunken,  pen;Uty  for  employing, 

229, 
same,  penalty  go  to  county  and  complain- 
ant,       ....... 

same,  to  be  dismissed, 
same,  penalty  for  not  dismissing,    . 
s:iDie,  penalty  how  u.sed, 
■o-.vuers  liable  for  damage  by, 
violating  ro id  law,  penaltv, 
PRIVIN;;,  rapid  may  be  prohibited,  over 

briflgo, 72 

same,  fine  for ,     ,        .        .        .  72' 

pen  lit  /  for  rapid,     . 

DU  P.-^SE  county,  sheep  and  swine  not   to 
run  at  large  in,     ....         . 
penilt/  for  allo-,ving  same, 
EA-5T  GALEXA,  assistant  supervisor  in. 
ELE^ITION.      Si-p    Ballot;    Ballot-box; 
C.tvllenge;  Cl^.rk  of  Election:  .Todoe 
opElbotion;  Vote;  Voter:  Voting. 
township  organization  may  be  voted  for  at 

general,  .  . 

vote  at  in  township  organziation,  how  ex- 
pressed, .... 


223:  returns  of  township  organization,  vote  at,  13 
223i  at  town  meetings,  mode  of  conducting,  23-35 
223'     same,  who  may  vote  at,  .  .        31 

224|     same,  result  of  minuted  and  stated,  34 

224i     clerk  notify  person  elected  of,  .  35 

225!     form  of  notice  of,  ...        35 

225     who  to  be  judges  of,  .  ,  lu8 

county  commissioners  appoint,  .      112 

225  supervisor  or  town  clerk  post  notice  of,  103 
225     s;ime  officers,  fix  place  for,  .  .      109 

225  place  of  to  be  convenient,      .  .  109 

226  to  abohsh  township  organization,  .  109 
223  same,  operation  of,  .  .  .  109 
226      same,  subsequent  choice  of  county  oificers,  109 

226  stmie,  vote  how  taken,     .  .  .      109 
general  provisions  as  to,       .            .      111-130 
presidential,  abstracts  of  vote  sent  to  gov- 
ernor,    .....      Ill 

same,  canvass  by  state  officers,         .  Ill 

same,  result  of  pubUshed,  .  .      Ill 

54      same,  time  of,  .  .  .  122 

218      place  of,  changed  in  petition,     .  .      112 

160      when  opened  and  closed,        .  .  114 

151      constables  preserve  order,  .     .       .      114 

151      illegal  voting  at,  .  .  .  114 

fine  for  disturbing,  .  .  .      II4 

abstnict  of  votes  ;  form  of  same,      .  115 

same,  where  two  counties  in  one  district,    116 

49      tie  vote  decided  by  lot,  .  .      117 

72      county  clerk  to  transmit  result,       .  117 

101      canvass  by  state  oScers,  .  .      117 

101      if  return  delayed,  messenger  sent,  117 

fees  of  messenger,  .  .  .      117 

119      to  fill  vacancy  in  legislature,  .  118 

127      to  vacancy  in  governor's  place,  .      113 

132      same,  in  office  of  sheriil  or  coroner,  118 

131      penalty  for  malfeasance  as  to,  118,  119 

134      contesting  proceedings  on,  .      119- 121 

same,  contester  notify  other  party,  119 

167      same,  choice  of  three  justices  to  hear,         120 

21      same,  witnesses  may  be  compelled,        .      120 

154      same,  decision  how  disposed  of,        .  121 

same,  no  irrelevant  testimony,  .      121 

214      same,  when  judgment  entered,  .  121 

225      same,  testimony  of  ;uj  toother  than  county 

offices,  ....      121 

233      same,  costs  how  and  when  paid,       .  121 

same,  ballots  kept  six  months  for,         .      I'i9 

by  general  assembl}',  when  vira  voce,  121 

119      same,  by  joint  vote,         .  .  .      122 

134      same,  of  judges,  .  .  .  121 

betting  on,  penalty,  .  .  .      122 

same,  wager  need  not  be  staked,       .  122 

227  state  and  countv,  time  of,  .  .  122 
227      supremo  court  judge,  time  of,           .  123 

circuit  court  judge,  when,  .  .      123 

233      of  judge,  proceedings  if  contested,  123 

state's  attorney,  and  clerks  of  courts,  how 
231  contested,  .  .  .  .124 

230      returns  of,  how  made,  .  .  124 

23)      qualifications  of  voters,  .  ,      124 

230  blanlc  returns  and  poll  books  provided,  124 
230      canva.ss  of,  how  conducted,        .  .      123 

230      result  of  published,    ...  126 

sectiorLS  of  revised  statutes  on,  repealed,     127 
211      to  fill  vacancy  in  sheriffalty,       .  .      127 

211,     wlnt  constitutes  residence,   .  .  127 

23')l     extent  of  application  of  act,       .  .      129 

1     sale  .and  use  of  liquor  prohibited  at,    129, 130 
2R4i     same,  penaltv  for,  .  .      130 

234!     of  count V  treasurer,  when,  .  226 

110iELE(^TION  PRECINCT,  townships  to  be,      103 
countv  commissioners'  courts  form,        .     112 
ELECTORS.     See  Voters 

powers  of  at  town  meting,  .        .     21,  24 

of  towns,  may  fix  number  of  pound-mas- 

131         ters .        .      24 

•     of  towns,  fix  locality  of  pounds,  .  24 

131  *'        elect  town  officers,   ...      24 


ik 


INDEX. 


297 


of  towns,  direct  as  to  lawsuits  by  town,  24 
"        raise  money  for  roads  au(J  bridges,  24 
"            "       "         '•  other  purposes,  24 
"         order  highway  commissiouers  to 
raise  road  bix,    .....  24 
of  towns,  ilirect  mode  of  exercising  corpo- 
rate powers,           .        .                .        .  24 
of  towus,  direct  as  to  Canada  thistles  and 

weeds,                 24 

of  towns,  establishand  discontinue  pounds,  25 

"        regulate  range  of  cattle,  .        .  25 

"              "         fences,     ...  25 

"        fix  penalties;  tiieir  limit,          .  25 

"         apply  peiialties,     ...  25 

"        make  by-laws            .            .  25 

at  special  town  meetings,  powers  of,             .  27 

same,  fill  vacant  tovra  offices,      .            .  27 

"      raise  nionet'  for  roads  and  bridges,  27 

"     transact  unfinished  annual  business,  27 

of  towns,  exempt  from  arrest  election  day,  28 


notice  for  survey  for  line  of,  .  .  135 

partition  regulated  and  maintained, 

1S3,  136-141 

liio 

.      13(5 

135 

.      136 

136 

.      137 

134 

137, 133 

139 


presidential,  abstract  of  votes  for,  .       Ill 

s;une,  duty  and  compenstttiou  of,      .  Ill 

same,  fill  their  own  vacancy,      .  .      112 

EQUALIZATION  of  assessments,         .  60 

EMBliZZLKMENT,  pubUc  penalty  for,      .      224 
ESTr.AYS.  town  clerk  register,  .  227 

person  taking  up,  to  register,     .  .      227 

notices  for,  publication  of,     .  .  227 

EVIDENCE.     See  Action;  Suit;  Witness. 
EXECUTOli,  assessment  of   property  held 
as.  .  .  .    •        .        58,  59 

how  list  property,  .  .  .      152 

EXEIMI^'ION  from  taxes,  .  .151 

I'EKiS.   iS'cf  under  names  of  officers  and  offices. 
of  town  officers,     .  .  .  .47 

not  due  for  administeiing  oath  to  town 

officer,  ....  48 

clerk  of  board  of  supervisors,     .  .        54 

none  for  examining  county  books,    .  54 

for  certified  copy  of  county  account,  .  54 
of  county  supervisors,  .  .  55 

county  treasurer  as  collector,     .  .        57 

count}'  collectors,        ...  57 

clerk  for  asse-^ssing  omitted  land,  .         CO 

of  person  re-ussessiug  taxes,  .  61 

on  acknowledgment  of  satisfaction  ))ieco,  02 
county  clerks,  for  sei-vices  as  to  taxation,  62 
on  road  appeal,  ....  101 
messenger  for  election  returns,  .  117 

of  overseer  of  highways, 

in  suits  under  revenue  law,  .  .  198 

officers  under  revenue  law,  .  .      202 

supervisors  on  road  appeal,  .  .  101 

.sheriffs,    .  .  .  .207 

state's  attorneys,         .  .  .  206 

board  to  fill  vacant  town  office,  .  .        48 

on  tax  sale,     .  .  .        180,  192,  209 

FENCES.    See  Common  Fields  ;  Fence  View- 
ers. 
town  may  regulate.    ...  25 

towns  not  impose  penalties  as  to,  .        25 

owner  remove  for  new  road,  .  .  104 

penalty  for  not  so  removing,        ,  .      104 

fomi  of  notice  to  remove,      .  .  104 

notice  to  remove,  if  appeal,        .  .      105 

provisions  as  to,  .  .  .  131 — 147 

between  common  field  and  other  land,  132 
same,  repairs  how  made,        .  .  132 

same,  justices  when  order  repaired,  .  134 
same,  distress  for  payment  for  repairs,  134 
owner  mav  make  as  he  chooses,  .      134 

height  to  be  what,      ...  134 

hedges  or  dikes  instead  of,  .  .      134 

action  for  damage,  if  animals  break,  134 

same,  proof  of  damage,  .  .  .      1351 

injuring  animals  where  deficient  fence,  1351 
same,  suit  for ;  barred  in  agi'eement,  .  1351 
by  mistake  on  land  of  another,  removal  of,  1351 
owner  not  disturb  for  one  year,  .      1351 


same,  ownera  maintain  just  share  of, 

same,  where  open  land  inclosed, 

same,  fence  viewers  value,     . 

same,  form  of  agreement  of  owners, 

same,  viewers  settle  dispute, 

same,  viewers  fix  proportion  of, . 

same,  viewers  how  chosen,    . 

same,  proceedings  if  dispute, 

same,  damages  on  refusing  to  repair, 

same,  form  of  notice  to  pay  for  repairs,        lo!> 

same,  form  of  appniL^al  for  not  repairing,    131) 

same,  proceeding  to  lay  open  lands,       .      140 

same,  notice  of  laying  open,  .  140 

same,  form  of  notice,       .  .  .       140 

same,  damages  for  removing  without  no- 
tice, .... 

Siime,  repairs  on  casual  injury,  . 

same,  form  of  requisition  so  to  n^pair, 

same,  repairs  if  requisition  neglected, 

action  as  to  how  brought,  jurisdiction, 

prior  laws  are  repealed, 
FENCE  VIEWERS,  assessors  to  be, 

county  commissioners  appoint, 

sworn,        .... 

notify  if  fence  insufficient,    . 

value  partition  fence, 

settle  disputes  as  to  same,     . 

fix  and  mark  proportions  of  .same, 

how  chosen  to  settle  disputes, 

form  of  notice  to  choose, 

form  of  submission  to, 

form  of  decision  of,        *. 

same,  where  tliird  viewer  chosen, 

if  dispute,  examine  premises,     . 

same,  hear  parties;  decision  final,    . 

same,  decision  how  made  and  filed, 

appraise  damages  where  partition  owner 
deUnquent,  .... 

examine  witnesses,  issue   subpoenas,  ad 
minister  oaths, 

justices  to  be  where  county  organization, 
fees  of;  how  paid  and  apportioned,       141,  217 
FIELD  COMMITTEE.     See  Common  Fields. 
FINE.      See  Pen.4LTIES. 
for  disorder  at  town  meeting, 
limit  of,  by  towns,  as  to  thistles, 

"  "         in  other  cases,  . 

for  exposure  of  ballots  by  moderator,    . 
for  refusal  to  serve  by  town  officer,  . 
for  acting  before  official  oath, 
under  $50,  supervisor  prosecute, 
for  neglect  of  duty  by  supervisor, 
same,         ..... 
neglect  of  duty  by  town  clerk, 
refusal  to  dehver  over  county  treasurer's 

books,  ....  57 

neglect  of  dutj-  by  highway  commissioner,  70 
driving  rapidly  over  bridge,        .  72, 211 

neglect  of  duty  by  highway  overseer,  .  75 
neglect  or  idleness  of  substitute  on  road,  76 
neglect  to  appear  and  work  on  road,  .  76 
overseer  not  returning  land  tax  list  and 

affidavit,       .... 
same,  not  accounting  and  paying  over, 
not  removing  fence  for  new  road, 
obstructing  highway,       .             .            . 
injuring  bridge  or  causeway, 
injuring  guideboard  or  milestone, 
under  road  law,  how  sued  for, 
same,  voter  may  sue  for,             .            . 
illegal  vote,     .... 
disorder  at  election, 
malfeasance  by  election  officer, 
wrongly  admitting  challenged  vote 
county  clerk  not  performing  duty  at  elec- 
tion,       119 


140 
140 
140 
141 
141 
141 
24 
133 
134 
134 
136 
137 
137 
137 
137 
137 
138 
138 
138 
138 
133 

139 

141 
141 


31 
25 
25 
33 
39 
89 
42 
44 
55 
45 


79 
80 
101 
.   107 

ns 

.  108 
108 

.  108 
113 

.   114 

118, 119 

119 


298 


INDEX. 


injurying  or  carrjing  off  poll  book,  1191        ways  ;  Overseer  op  Highways  ;  Roads  ; 

refusing  testimony  in  contested  elections,   120         Roads  and  iJRiDGiis. 

justice  refusing    to  attend  deposition  in        |     general  provisions  as  to,        .  .      63-108 

same.  .  .  120  HU(iS.     tiee  Ammals  ;  Swine. 


county  officer  not  accounting. 


coimnissioner,  omitting  report  on  county 

funds 218 

clerk  not  posting  same,  .  .  218 

embezzling  public  money,  .  .      224 

neglect  of  duty  by  county  officer,  225 

coUector  discounting  auditor's  warrants,     220[lDlOT,  guardian  list  property  of, 


217  HOxlSES.     See  Animals  ;  Driving. 

towns  may  regulate  range,  pounding  and 

sale  of,  .... 

running,  penalty, 
leaving  unhi tolled,  penalty, 
HORSE  THIEVES,  reward  for, 


25 

230 
230 
220 
152 


not  obeying  dog  laws, 

not  turning  to  right  on  road, 

employing  drunken  driver, 

not  dismissing  same,  .  . 

rapid  driving,       .... 

leiviiig  tiorses  unhitched, 

violation  of  road  law, 

sheep  and  swine  at    large  in  Du   Page 

county,  .... 

same,   in  Henry,   Will,   Livingston    and 

Lake,     ..... 
for  betting  on  election, 
voting  more  than  once. 
Toting  two  or  more  tickets, 
refusing  proper  vote, 
election  judge  admitting  wrong  vote  or 

te.stimouy,         .... 

proprietors  of  common  fields  may  lay,  131-133 

non-support  of  paupers  by  relatives, 

introduciug  non-resident  pauper, 

neglect  of,  duty  by  assessor, 

neglect  of  duty  under  revenue  act, 

nnlicensed  peddling, 

collector  or  clerk  buying  at  tax  sale, 

count/  clerk  not  delivering  over  books, 

FIME  ENGINES  and  implements  not  taxed,  151 

buildings  for,  not  taxed,  .  .      151 

FLO  lA,  roads  in  to  be  highways,        .  232 

evidence  as  to  same,         .  .  .       233 

how  vac  ited  and  altered,       .  .  233 

FO.i-FEITUliE.     See  Fine  ;  Penalty  ;  Land  ; 

Taxes,  sale  for. 
FRAOTIONS  of  townships,  set  off  to  other 

towns,    .  .  .  .  .14 

FRE3H0LDE1S,  twelve  join  to  call  special 

town  meeting,  .  .  .26 

FUGITIVE  from  justice.     See  Reward. 
GALENA.     See  East   Galena  ;    West  Ga- 

lsna. 
GENSilAL  ASSE.MBLY,  proceedings  on  va- 
cancy in,  .  .  .  ,       11 
elections  by,  when  viva  voce,            ,  121 
same,  b  7  joint  vote,         .            .            ,      121 
same,  of  judges,          .             .            .             121 
same,  mijovit  /  required  in,         .            .      122 
QENH.tAL  ELECTION.     &e  Election. 
GOVEINO  I,  duty  at  canvass  of  presiden- 
tial vote,           •            .            .            .      Ill 
election  to  vacancy  in  office  of,          .            118 
appoint  election  to  congressional  vacancy,  118 
call  election  to  vacant  sheriffaltv,           .       12V 
previous  elections  to  same  legilized,              127 
GOATS,   towns  may   regulate    running   at 

large  of,  .  .  .  .25 

GUAJIDIAN,  assessment  of  property  held 
bv,  .  .  .       58  59 

list  propertv  he  holds,     .  .      '      .      152 

GUIDEUOA'.IDS,    highway    commissionera 

putjp.  •  ...        67 

penalty  for  injuring,  508 

HACKNEY  COACHES,  not  included  in  road 

law,  0Q1 

HAWKE1S.     See  Peddlers. 
HEDGES,  how  made  and  rearulated,         .      134 
HEMRY  COUNTY,  sheep  and  swine  not  to 

run  at  large  in,  .  .      234 

same,  penalty,  .  .  234 

HIGHWAYS      See  Commissioner  of  High- 


227jlLLlNOlS     See  State, 
229j ILLINOIS  AND  MICHIGAN  CANAL,  com- 
$^30i        missioner  enter  forfeited  caual  lauds,       209 
230  IMPRISONMENT  for  illegal  voting,  32,  129 

220     injuring  bridge  or  causeway,      .  .      108 

230  disorder  at  elections,  .  .  115 

231  county  clerk  not  doing  duty  at  election,     119 
injuring  or  curr\  ing  oil  poll-book, 

234      refusing  proper  vote, 

election  judge  admitting  wrong  vote  or 
234  testimony,        .  .  .  .129 

122      falsely  swearing  at  election,  .  129 

125      county  clerk  not  delivering  over  books,       214 
125      embezzling  public  money, 
127      rapid  driving, 

violation  of  road  law, 
129  INCLOSURES  AND  FENCES.     See  Fences  ; 

Common  Fields. 
142      provisions  as  to, 
144      may  be  such  as  owner  wishes, 
164      height  of  sundry  to  be  what, 
203      subject  to  laws  on  fences, 

208  INDENTURE  of  pauper  minor,  form, 

209  deposited  with  town  clerk,     . 
213  INJUNCTION  from  collecting  taxes. 


119 
127 


224 
230 
231 


131-141 
134 

.  134 
134 

.  146 
147 

.       61 


INSURANCE    COMPANY.     See  Corpora- 
tions. 
no  deduction  in  listing  notes  to,  .      155 

agent  report  to  county  assessor,        .  159 

INVESTMENTS  IN  BONDS  defined,        .      149 
in  stocks,  defined,      .  .  .  150 

IROQUOIS  county,  doings  as  to  roads  le- 
gahzed,  ....      535 

law  in.  for  animals  at  large,  .  £55 

JAILS,  board  of  supervisors  build  and  re- 
pair,     .  .  ...        54 
county  commissioners  erect,  .  217 
JO  DAVIESS  countv,  special  tax  in,          .      232 
JOINT  STOCK  COMPANY.     See  Corpor.i- 

TIONS. 

JUDGES  OF  ELECTIONS,  ivhat  officers  .-ire,  108 
county  commissioners  sippoint,  .      112 

their  clerk  notifv  ;  sheriff  serve  notice,        112 
appoint  clerks  of  election,  ,  .      112 

term  of  office,  .  .  .  112 

vacancies  how  filled.        .  .  112,  113 

oath  of,  and  of  clerks,  form,  .  113 

same,  how  adniir.istprefl,  .  .      113 

appoint  special  constables,     .  114 

impose  fine  for  disorder,  .  .      114 

countv  clerk  rertifv  to  pav,  .  .  113 

pen,altv  for  misconduct  of,        .  118, 119 

may  refuse  vote  fnlselv  sworn  to,  .       119 

penalty  for  wrongly  admitting  ch<"Jlcngcd 

vote',      .  .  .  .  119 

have  care  of  ballot-boyes,     .  .    125,  126 

125 
,      126 

126 
.      1?6 

127 

128 

129 

irs 
ir9 

129 


receive  and  deposit  ballot  unopened, 
dutv  in  canvassing  vote, 
make  certificate  of  votes, 
deliver  same  to  countv  clerk, 
penaltv  for  refTfirg  proper  vote, 
penaltv  for  admitting  incompetent  vote, 
penaltv  for  admitting  improper  testimony 

to  SRme,  .... 

indorse  voter's  name  on  ballot, 
S!tr">  poll  books,    . 

string  and  seal  iin  ballots  when  counted, 
return  such  ballots  and  poll  books, 


INDEX 


299 


JUDGES  of  supreme  court,  when  elected,      122 
ot  circuit  court,  when  elected,  .      1^ 

supreme  or  circuit  court,  vacancy  how 

tilled,     ..... 
same,  proceedings  if  election  contested, 

JUUGMiiNT,  ag.iinst  town  a  town  charge, 
against  county  ,  how  paid, 
against  delUultiug  officer,  vacate  office, 

JXJiilSUiCTlON.     See  under  tiantes  of  courts        I 
aiu/  officers. 

JUROii,  when  inhabitant  of  town  may  be,        | 
in  towTi  suit,     .  .  .  .49! 

JTJSTU'ES  Ofc'  THE  PEACE,  when  chosen,    2a 
elected   but  once   in   four  years,  unless 

viicmcy,  .  .  .  23,  39 

proportion  of  to  population,  .  23 

additional,  term  and  powers  of,  .        23 

join  to  call  special  town  meeting,      .  2lj 

special  election  may  choose  if  vacancy,         27 
join  in  tilling  vacant  town  office,       .  40 

accept  resignation  of  town  officer, 
join  in  auditing  supervisors'  account, 


adjoining  common  field,  notice  of  laying 
open,     .....      132 


123 
113 
5U 
215 
22-5 


tcmi  defined,  .  .  .  149 

of  non-resident,  assessed  where,  .       159 

other  than  government,  divisions  of,  how 

surveyed,  platted,  described,  ,      167 

such  description  of  valid,      .  .  167 

assessor  when  cause  such  survey,  .      let 

assessment  of  government,  school,  canal, 

saline,    ,  .  .  .  .      109 

non-resident,  no  separate  list  of,       .  IT!/ 

delinquent,  considered  non-resident,     .      179 
conditions  of  buying  at  tax  sale,       .  191 

tax  sale,  suits  to  be  at  regular  term,      .      lilo 
unsold  by  tax  sale,  forfeited  to  state,  19'/ 

same,  county  clerk  certify  as  to,  .  19tf 

same,  how  redeemed,       .  .  .      190 

sold  for  taxes,  how  redemption  of,    .  197 

erroneous  taxes  on  refunded,      .  .      197 

40!     non-resident,  how  Usted,       .  .  208 

41 'law.     Sre  Suits  at  Law. 

43  LAW  OF  TILE  ROAD,  provisions  on,     229-231 

43  LEGISLATURE.     See  General  Assemelt. 

43  LIEN,  collector's  bond  to  be  on  his  real  estate,  37 

56 
37 


entering  certificate  of  same, 
form  of  such  certificate, 

not  entertain  suit  where  his  town  a  party,    49!     county  treasurer's  to  be  same, 
duty  on  complaint  for  not  doing  road  labor,  76  LIMITATION  of  action  on  collector's  bond. 


form  of  summons  in  same, 

impose  fine  on  same, 

form  of  warrant  for  fine  on  same, 

pay  over  fine  to  overseer, 

duty  on  road  appeal, 

entertain  suit  on  road  appeal  bond, 

fees  on  road  appeal,    . 

jurisdiction  under  road  laws, 

appoint  election  judge  if  vacancy. 


of  action  on  constable's  bond,    .  .        38 

77  LIQUOR,  forbidden  at  elections,  penalty,       130 

77  LISTING  Pi;01'ERTY.     See  Assessment. 

78  LIVINGSTON  county,  penalty  for  sheep  and 
95, 96  swine  at  large  in,"  .  .  .2.34 

95  LOT,  tie  vote  decided  by,         .  .  34 

101      decide  terms  of  highway  commissioners,     110 
lOSi     decide  tic  for  legislature  or  county  office,     117 
113  LUNATIC,  guardian  list  property  of,        .      152 
make  abstract  of  vote  with  county  clerk,    115  McLEAN  county,  sheep  and  swine  not  run 
three,  decide  contested  election,        .  1£0:        at  large  in,        ....      238 

same,  powers  of,  .  .  120, 121! MAJORITY,  must  vote  for  township  organi- 


Bame,  summon  witnesses  by  sheriff, 

san^e,  issue  attachment  for  witnes.scs, 

same,  refusing  to  act,  fined, 

Bame,  certifi  decision  on  county  office, 

same,  duty  as  to  state  office, 

same,  refuse  irrelevant  testimony, 

same,  when  enter  judgn:ent, 

same,    duty  as    to    other    than    county 

office, 
san.e,  to  have  their  costs  paid, 
order  rtpr.ir  of  partition  fence,  . 
enforce  pajmentcf  same  by  warrant, 
duty  on  complaint  for  damaging  fence, 
under   county  organization,  to  be  fence 

viewers,  .... 

jurisdiction  in  actions  on  fences, 
to  be  overseers  of  poor,    . 
administer  oaths  as  to  assessment, 


VJ)\         zation,  ....  14 

1£0[     must  decide  questions  at  town  meetings,      80 
iLOi     of  supervisors,  a  quorum,  .  .        64 

1211     "  "  pre-seut,  to  carry  vote,  54 

121!     in  elections  by  General  Assembly,         .      12] 
121'     regulate  common  fields,         .  131 

121  MANUTACTURER,  property  and  stock  of 

j         how  listed,  ....  156 

121      machinery  of,  how  listed,  .       166 

121  MARRIED  WOMAN,  husband  list  property 

134:        of, 152 

134  MASON  county,  sheep  and  swine  not  run  at 
1351         large  in,  .  .  .  .237 

I     penalties,  exceptions,  .  .  237 

141  MERCHANT,  property  in  possession  of,  how 
141:        listed,    ....  155,157 


143'     penalty  for  not  listing, 

liiO  MILESTONE,  penalty  for  injuring. 


dut<-whiTc  information  refused  to  assessor,  161  MILITARY  TRACT,  land  in  how  listed. 


art  in  filling  vacant  collectorship, 
account  to  county  court, 
ji'.risdirtion  under  road  law, 
jfANE  count'",  hi.','hway  commi.ssioners  may 

act  as  to  .sfcite  roads  in, 
KANKAIvEE  county,  towns  of  support  their 

own  poor,  .... 

provisions  as  to  mode  "f  doing  so,    . 
non-re?ident  prtupers  v.:, 
electors  re.Eulnte  support  of  paupers, 
LAKE  count'-,  penalty  for  sheep  and  swine 

at  btrcrc  in, 
LANDS.    Sfp-  Assessment  ;  Common  fields  ; 

Fencfs:  Real  Est.\te;  Tax. 
to\vns  mav  purchase  and  hold,  . 
coTivevancos  of  for  benefit  of  towns,  may 

be  in  any  manner, 
of  town,  court  mavp.artition  on  judgment,  49 
conntr  may  purchase  and  hold, 
where  assessed. 


15 

108 

162 

146 

147 

162 


173  MINORS,  pauper,  bound  out, 
217     provisions  for  same,    . 
231      gu.ardians  list  property  of, 

MISDEMEANOR,    illegal   voting    at    town 

235;         meeting  to  be,  ...  32 

i     neglect  of  duty  by  town  clerk  to  be,     .        45 

2,36'     collector's  falfe  return  to  be,  .  209 

236      wpid  driving  to  be,  .  .  .      230 

236      driver's  violation  of  road  law,  .  231 

236  MODERATOR  OF  TOttTS'  MEETING,  how 

I        chosen,         ....  28 

oath  of,     .  •  •  •  .28 

to  refjulate  business,  ...  30 

close  meeting  if  business  done,  . 

mode  of  pnr-crvirp;  order, 

deposit  ballots  in  box, 

penalty  for  cxposin-e  of  ballots  by, 

canvnss  votes  at  close  of  meeting, 

10  MONEY',  term  defined, 

58      v.ilnation  of,  . 


234 


16 


assessed  either  to  owner  or  tenant, 
assessment  of  omitted.  . 


58  MULES.     See  Animals. 

60     towns  regulate  rmming  at  large  of, 


30 
3.3 
.34 
33 
150 
154, 156 


25 


■^jiL 


300 


INDEX. 


NON-RESIDENTS,  lands  how  assessed,    58.163 
lands  of,  supervisors  change  description  of,  60 


sick  or  dead,  expenses  how  paid, 
lands  where  assessed,     . 
separate  list  of  land  not  required, 
lands  how  listed, 
poor,  in  Kunliakee  county, 
NOTICES.    Se6  under  names  of  Officers  ; 
aZso  Appeal;  Assessment;    Election; 
Taxes  ;  Town  Meeting. 
for  first  town  meeting  in  new  town,    . 
same,  county  clerk  deliver,  sheriff  post, 

bame,  form  of, 

petition  lo  divide  or  change  town  limits, 

freeholders'  meeting  to  organize  town, 

apportionment  of  town  property, 

annual  town  meeting;  and  form, 

same,  town  clerk  give, 

special  town  meeting, 

lorm  ()f  th    same, 

pound  master's  sale,  and  form, 

Oiisiing  lots  on  tie  vote, 

of  election,  town  clerk  give, 

same,  form,  .  . 

of  accepting  overseership  of  highways, 

of  accepting  pound  mastership, 

appointment  to  vacant  town  office, 

same  form  of,         . 

meeting  of  board  of  supervisors, 

same,  form  of, 

oompletion  of  assessment  roll, 

same,  contents  of, 

review  of  re-assessment, 

amount  of  road  tax  and  form, 

to  work  out  road  tax, 

of  road  appeal,  and  form, 

to  remove  fences,  and  form, 

of  general  election, 

meeting  of  commissioners  of  highways, 

appointment  of  judges  of  election, 

of  election, 

change  of  railroad  valuation, 
OATH.    Site  under  names  of  Officers,  and 
Api'idwit. 

official,  of  moderator  of  town  meeting, 

same,  who  administer, 

same,  form  of, 

for  challenged  voter,  form, 

same,  additional,  form, 

of  chHllenged  voter's  witness,  form, 

false  by  challenged  voter,  is  perjury, 

of  town  officer-!,  how  and  when  taken 

same,  certificates  of  to  be  filed, 

same,  neglect  to  take  a  refusal  to  serve, 

fine  for  acting  before  taking. 

form  of,  at  delivery  of  books  and  papers 
to  successor, 

of  town  officers  no  fee  for  administering, 

chairman  of  supervisors  may  admini-ter, 

at  delivering  county  treasurer's  books  to 
successor, 

of  person  to  reassess  taxes, 

of  election  judges  and  clerks, 

of  right  to  Vote,  effect  of, 

for  challenged  or  suspect  ed  voter, 

term  defined, 

of  assessors,  form  of  same, 

collector  not  taking,  vacates, 

to  agses.soi's  reiurn,  form, 

county  collectors,  form, 

county  clerk's, 

county  treasurer's,  form, 

OFFICE.    Src  Bund;  Official;  Oath;  Town 

Office;  and  name  of  officers  and  office. 

OVERSEER  OF  HIGHWAY,  when  chosen, 

file  notice  of  acceptance, 

not  doing  so  a  refusal  to  serve. 


23 
29 
29 
31 
31 
32 
32 
35,  36 
35 
36 
39 

40 

48 
54 


57 
61 
113 
113 
124,128 
150 
1.S9 
160 
162 
184 
213 
222 


fine  for  refusing  to  serve, 

rate  those  aildfd  to  list, 

appeal  from  rating  by, 

duties  of,  .  .  .  .74, 

keep  highways  in  repair, 

warn  persons  liable  to  road  labor, 

collect  fines  and  commutations, 

execute  orders  of  commissioners, 

give  in  list  of  persons  liable  to  labor, 

form  of  such  list, 

vacancy  in  place,  how  filled, 

substitnte  duties  and  liabilities  of, 

same,  his  warrant  of  app  intmeut  filed, 

same,  notified  of  appointment, 

same,  form  of  appointment, 

penalty  lor  neglect  of  duty, 

same,  how  applied, 

form  of  notice  to  work  on  h'ghway,     . 

give  three  days'  m.tice  of  work, 

how  use  commutation  money, 

may  require  teams  and  tools, 

rate  of  payment  for  same, 

compl  in  of  persons  not  working  on 
highway,  .... 

proceedings  under  complaint, 

expend  fine  on  same  for  roads, 

excuse  by,  not  exempt  from  labor, 

compensation  of,  how  paid, 

notify  all  persons  liable  to  work  or  roads, 

may  receive  substitute, 

may  receive  tax  in  money. 

enter  payment  of  tax  on  list, 

deliver  land  tax  list  to  supervisor, 

make  affidavit  to  sui  h  list, 

form  of  such  affidavit, 

penalty  for  not  delivering  list  or  making 
affidavit,  .... 

have  three-fourths  of  work  done  by  Octo- 
ber,      ..... 

render  annual  account,  contents, 

formofannnal  account. 

pay  over  unexpended    money,  ' 

penalty  for  not  accounting  and  paying, 

same,  commissioners  of  highways  sue  for, 

same,  cause  apprisal  if  owner  refuses, 

take  timber  and  materials,  terms, 

same,  awa?d  final, 

same,  torm  of  award,  .        , 


OVERSEER  OF  POOR.     The  Supervisor  of 
each  township  to  be  ex  officio  overseer 
of  the  poor  in   their  respective   town- 
ships, ....  44 
compensation  of,            ...          47 
accimnt  to  b  lard  of  supervisors,           .  55 
pay  expetises  of  sick  or  dead  non-resident,  142 
who  to    e,  powers  of,        .        .            .        148 
duties  nf,  make  repiirl  and  list  of  poor,        143 
allow  for  pauper's  ability  to  work.      .        144 
authority  cease  if  poorhouse,                .        145 
bind  Got  poor  minors,              .              .        146 
same,  form  of  indenture,            .            .        146 
watch  over  such  minors,            .             .        147 
Kankakee  county,  provisions,               .        236 

PARTITION  FENCE.    &e  Fences. 

PARTNERSHIP,  effects  how  listed  for  tax,  162 

PAUPERS.    iSlse  Overseer  op  the   Poqr; 
Poor;  Poor-House. 
provisions  as  to,        .  .  .    142 — 148 

who  considered,  .  .  .        142 

relatives  support  if  able,  .  .        142 

penalty  for  failure  to  support,  .        142 

from  bad  conduct,  who  must  support,  142 

order  of  liability  of  relatives,  .        142 

married  woment  not  liable,        .  .        142 

without  relatives,  how  relieved,  .        142 

if  relatives  refuse,  same,  .  .        142 


Mim!u 


INDEX. 


301 


person  to  whom  committed,  duties  of, 
B.ime,  give  bouU, 
stuue,  bond  Uow  altered, 
county  court  appropriate  for,     . 

"  "     niiiy  change  custody,  . 

residence  of,  how  ascertained,     .  144, 

non-resident,  removal  of,       .  .     144, 

rcsideuce  defined, 

nou-ret-iileut,  hue  for  introducing,    , 
iiiiiior,  uiu\  be  bound  out, 
same,  term  of  service  ;  instruction,  . 
same,  to  receive  what  is  paid  by  master, 
BJime,  overseers  supervise  treatment, 
same,  proceedings  if  abused, 
property  used  for,  not  taxed, 
PKi)l>LEHS  and  hawkers,  state  or  county 
licenses  for,      .         . 
penalty  for  unlicensed,    . 
PliNALTlES.   ISee  Damages  ;  Disfranchise- 
MKM ;  Fine;  Imprisonment. 
as  to  thistles  and  weeds,  limit  of  by  towns 
limit  of  lor  breaking  town  ordinance 
by  towns,  the}  ma)  apply,    . 
of  perjury  for  false  swearing  at  town  elec- 
tion,      ..... 
for  illeg.al  voting  at  town  election,     . 
injuring  bridge  or  causeway, 
injuring  guideboard  or  milestone,     . 
under  road  laws,  how  sued  for,  . 
same,  voter  may  sue  for  if  town  does  not, 
disorders  at  elections,  .  114, 

malfeasance  by  election  officer,     .        118, 
county  clerk  not  doing  duty  at  election, 
injuring  or  carrj  ing  off  poll  book,    . 
Toting  by  non-resident,  . 
judge  of  election  atUnitting  improper  vote 
or  testimony,  .  128, 

selling  or  using  liquor  at  elections, 
for  not  listing  property, 
railroad  not  listing  property, 
neglect  of  duty  under  revenue  act,  . 
bu;,  ing  auditor's  warrants  by  collector, 
embezzling  public  money, 
rapid  driving, 
violation  of  road  law, 
PENSIONS,  not  considered  annuities, 
PEORIA,  additional  ward  supervisors  of, 
PEOKIA    county,   highway   commissioners 

control  state  road  in,    . 
PERJUlxY,  false  swearing  at  town  election 
to  be,  .... 

false  swearing  at  election  to  be,     .        122, 
PERSONAL  PUOPERTY,  towns  may  pur- 
cha.se  and  hold, 
of  divided  or  altered  town,  apportioned, 
counties  may  purchase  and  hold, 
■where  asse.'scd,    .... 
term  defined, 

how  listed,  .  .  .152, 

how  valuation  made, 
assessed  annually, 
liable  for  real  estate  tax, 
assessment  a  lien  on, 
PETITION  for  township  organization, 
same,  form  of,       . 
to  lay  out,  close  or  alter  road, 
game,  form  of,      . 
same,  contents  of,      . 
same,  copy  of  to  be  posted, 
same,  form  of  affidavit  of  posting,   . 
relocating  or  vacating  state  road, 
same,  form  of,  .  .  . 

same,  how  notified  ;  form  of  notice, 
resurvev  of  county  road, 
same,  forms,         .... 
on  excessive  road  damages,  .  • 

same,  foiTn  of,      . 
as  to  road  on  town  line, 
for  abolishing  township  organization,    . 


228 
229 


115 
119 
124 


33 
125 
126 
120 


143  PIKE.     See  under  KoADS. 
148  I'LANK  UOAl).     i>ce  under  lio.KDS. 
143      provisions  as  to,  .  .  . 

l4o      may  trauslir  road  to  railroad,     . 

143  PLANK  KOAU  COMPANY.     &e  Corpora 

140'  TIONS. 

141)  POLL  HOOKS,  how  kept, 

144  j     penalty  for  injuring  or  carrying  off, 
144 1     county  provide, 

14(3:     signed  and  attested  by  judges  and  clerks,   129 
147      names  in  to  be  counted,  .  .      129 

147  POLL  LIST  to  be  kept  at  town  meeting, 
147]     form  of,  ...  . 

147      at  elections;  how  kept,  . 
151      comp.ired  and  corrected, 

!     kept  in  ballot-box, 

207  POOR.  See  Overseer  of  the  Poor  ;  Paupers 

2US;     board  of  supervisors  have  charge  of,  54 

of  Kankakee  county,  towns  support,  230 

I     provisions  as  to  mode  of  so  doing,  .      236 

,  25  POOR  FARW,  county  court  may  buy,  144 

251     board  of  supervisors  may  sell,     .  .       148 

25'     former  .sales  and  deeds  to  be  legal,    .  148 

POOR  HOUSE,  board  of  supervisors  have 
32'        charge  of,     ....  64 

32'     county  court  establi.sb,   .  .  .      144 

108      same,  take  land,  donations,  and  lay  tax 
108         for,   .  .  .  .  144 

108      same,  appoint  persons  to  charge  of,        .      144 
loS      title  to,  in  couuty,      .  .  .  Ii6 

115;     county  funds  may  be  used  for,  .  .      145 

liy      nottiixed,         ....  151 

119  POUNDS.     See  Animals. 
1191     located  at  town  meeting, 
128 1     towns  may  establish  and  discontinue, 

I  POUND  MA'STERS,  electors  fix  number  of, 
129;     when  chosen, 


130 1     to  have  care  of  pounds, 

157 1     form  of  notice  of  sale  by,  .  . 

1761     file  notice  of  acceptance, 

203!     not  doing  so  a  refusal  to  serve,  . 

210      fine  for  refusal  to  serve, 

224 !     compensation  of,  ... 

230  PRECINCT  J  USTICES  AND  CONSTABLES, 

2311         disused,  .... 

150  PRESIDENTIAL   ELECTION.     See  Elec- 

109!  TION. 

PRIVATE  ROADS,  credit  to  persons  work- 
238!        ing, 


24 
26 
2;i 
23,24 


23 


70 


I     how  laid  out, 
321     See  Road,  private. 
128  PROCESS.     See  Actions. 

when  to  be  served  on  town. 


how  fervid  on  board  of  supervisors, 
how  served  on  county,    . 
of  county  court, 
same,  style  of, 


105,  106 


49 

51 

215 

216 

216 


150  PROPERTY.  See  Assessment;  Lands; 
153 i  Person.^l  Properis  ;  li£AL  Estate; 
154         Taxes. 

159      all  to  pay  taxes,  .  .  .      149 

187      term  defined,  .  .  .  150 

199      what  exempt  from  taxation,       .  .      151 

1.3      public,  what  not  taxed,  .  .  151 

13      mode  of  listing,     .  .  .  152-159 

82      of  state  or  institution,  if  leased  for  over 
82  ten  years,  how  listed.  .  .       152 

82  PROSECUTION.     See  Action  ;  Fines  ;  Pen- 
SSI         ALTIES  ;  Suits. 

84'     under  road  laws,  .  .  .      108 

89  PUBLIC  GROUNDS,  buildings,  water  works, 
89  not  taxed,  .  .  •  .151 

91  PUBLIC  MONEY,  penalty  for  embezzling,     224 

92  dofauk  to  pav,  vacate  office,       .  •      225 
92  PUTNAM  countv,  sheep  and  swine  not  run 

102  at  large  in,  "     .  .  .  -^38 

103  QUI  TAM,  for  road  law  penalty,  .  108 
103  RAILROADS.     See  Corporations  ;  Roads. 
109,    exception  ae  to  assessment  of,    .        .    68, 175 


302 


INDEX. 


penalty  ou,  not  making  tax  list, 
list  ot"  bow  made, 
property  taxed  where, 
notified  if  valuation  changed, 
certified  statement  for  tax, 
tax  liow  collected, 
sued  if  tax  not  paid, 
appeal  from  valuation, 
same,  bond  required, 
same,  when  and  how  tried,    . 
same,  not  delay  p-iymg  tax,        . 
REALESTATK.     See  Assessment;  Assess 
OR-  bvNDs;  Real  Property ;  Taxes. 
of  divided  town,  apportioned  by  supervi- 
sors and  assessors, 
of  collector,  his  bond  lien  on, 
of  county  treasurer,  same, 
■where  assessed, 

of  corporations,  where  assessed, 
equalization  of  assessment  ou, 
in  military  tract,  how  listed, 
how  valuation  made, 
when  to  be  assessed, 
held  >Ij.y  1,  to  be  taxed, 
liable  for  personal  tax,     . 
relieved  where  personal  property,     . 
proceedings  where  levied  on  for  state, 
same,  subsequent  redemption,   . 
redemption  money  paid  over, 
unredeemed,  auditor  to  take  deed  of, 
same,  auditor  sell, 
REAL  iniOPERTy,  defined, 

how  listed,      ....     152. 
REOEIVE  li,  how  list  property,     . 
RECO,=lDEli.     See  CouNTi'  Kecobder. 
enter  town  collector's  bond, 
provision  for  oflice,     . 
RELAnVES,  support  paupers,     . 
REPilESENTATlVB.     See  General  Assem- 
bly. 
RESIDEXCE,  a  qualification  of  voters,  124 

what  constitutes,         ■  .      127,  128,  129 

penalty  for  voting  without,        .  .      128 

of  paupers,  mode  of  ascertaining,         144,  143 
defined,  .  ■  -  144,  146 

REVEXQE.  See  Assessment;  Assessor; 
Board  op  Supervisors;  Collector; 
CouNiT  Colleotob;  County  Treasur- 
er; Debts;  Reassessment;  Taxes; 
State  Rbvbsue. 
laws  relatiag  to,        .  .  .     149-210 

all  property  taxed,  .  .  .      149, 

definitions  of  terms  relating  to,        .     149,  loOi 
property  exempt  from,     .  ,         151,  ISO! 

lists  for  taxes  how  made  out,  ''       .  152 1 

rules  for  valuation,  .  .         154, 180 

deductions  in  listing,  .  .  154 

assessing  mercantile,  manufacturing  and 

banking  property,  .       155 

assessing  banking  and  corporate  property, 

158,  181 1 
assessors,  duties  of,  .  ,  .      159, 

real  property,  how  listed,      .  .  163 

collection,  how  made,      .  ,  ,       171  i 

sales  for  taxes ;  notice,  .  ,  171 

same,  use  of  surplus,      .  .  .      171 

proceedings  on  defiulting  collector,  173 

assessment  and  taxes  in  township  organi-         | 
zation,  .  .  .         175-179,  183 

tax  for  paying  state  debt,  .  .      181 

delayed  assessments  legalized,  .  182 

state  tax  to  relieve  revenue,  .    182' 

collection  under  township  organization,  | 

183-204! 
previous  tax  deeds  valid,  ,      204 

tox  deeds  invalid  where  tax  paid,      .  204 

penalty  for  oificial  neglect  of  laws  on,  167 

auditor  furnish    forms   and    instruction 
under  law,  .  .  .      170 


183 

197. 


176 1     collectable  in  what  currency, 
176      bonds  under  act  on,  release  of, 

176  suits  under,  abatement  of, 

177  same,  conduct  of,  fees  of, 
179      auditor  print  and  distribute  act, 
179l     fees  under  act, 

1791     penalties  tor  neglect  of  duty  under  act, 
181 !     law  lor,  appUes  in  townships, 
181  REVISED  SiATUTE,  repeal  of  part  of  on 
181;         elections,  .... 

181  REWAtlD  tor  hor.se  thieves,     . 

for  fugitives  from  justice, 
RIVEilo  may  be  boundaries  of  townships, 
ROADS.  See  Bridges  ;  Causeways  ;  Com- 
missioners OF  Highways  ;  Driver  ; 
Drivi.nq  ;  Overseers  of  Uighways  ; 
Plank  Koads  ;  Private  Koads  ;  Rail- 
roads ;  Roads  amd  Dridues  ;  State 
Roads. 

highway  commissioners,  authority  of, 

same,  general  provisions  as  to, 

same,  describe  undescribed, 

district  commissioners  lay  out, 

labor  on  how  assessed,     . 

who  liable  to  labor  on, 

owner  of  land  both  sides  of,  may  make 
crossing  under, 

where  work  on  to  be  done, 

three  days  notice  of  work  due, 

when  work  on  may  be  in  another  district, 

commutation  for  work  on,         .  75, 78 


18 

3 

56 

58 

58 

60 

152 

154 

159 

169 

187 

205 

205 

206 

206 

206 

208 

149 

163 

152 

37 
219 
142 


198 

2U2 
2U2 
203 
204 

127 

220 

220 

14 


64 

82-l(J8 
64 
65 


76 


same,  how  used ;  when  paid, 
substitute,  admissible,  .  .        76 

same,  hours  of  work ;    penalty,        .  76 

same,  penalty  for  idleness,  .  .        76 

fine  for  not  appearing  and  working  on,  76 
complaint  and  proceedings  for  not  work- 
ing on,  .  .  .  .76 
rate  of  allow.ance  for  penalties  on  same,  78 
excuse  by  overseer  not  exempt  from,  78 
three-fourths  of  work  to  be  done  by  Octo- 
ber, .....  79 
laying  out,  altering,  closing,  .  82-108 
same,  on  petition  of  twelve  freeholders,  82 
same,  substance  of  petition,  .  .  82 
same,  forms  for  petitions,  .  .  82 
same,  copy  of  petition  to  be  posted,  .  83 
same,  proceedings  of  commissioners,  84-108 
proceedings  to  fix  damages,  .  .  86,  7 
form  of  release  of  damages,  .  .  87 
public,  to  be  four  rods  wide,  .  91 
public  are  public  highways,  .  .  91 
in  counties,  adopting  township  organization,  91 
extending  into  adjoining  towns,  .  103 
into  adjoining  counties,  .  .  103 
on  town  line,  joint  proceedings,  .  103 
same,  labor  on  apportioned  fairly,  104 
same,  districts  for  how  set  off,  .  104 
same,  rule  for  those  heretofore  laid  out,  104 
on  state  line,  rule  for  laying  out,  .  104 
opening,  provisions  as  to,  .  .  104. 5 
same,  through  improved  lands,  .  104 
same,  notify  to  remove  fences,  .  104 
same,  form  of  such  notice,  .  104 
same,  proceedings  if  fence  not  moved,  104 
same,  penalty  for  not  removing  fence,  104 
ordered  opened  on  appeal,  to  be  opened 

when,  .  105 

private,  commissioners  may  lay  out,     .      105 
same,  method  of  proceedings,  ,  108 

same,  damages  how  paid,  ,  .      106 

same,  right  of  way  in  applicant,      .  108 

same,  form  of  application  for,     .  .      105 

same,  form  of  order  laying  out,       .  106 

same,  not  over  three  rods  wide,  .      107 

obstructing,  .  .  .        107, 8 

same,  penalty  for,  .  .  .      107 

same,  what  not  unlawful,      .  .  108 

injuring  bridge  or  causeway  on,  ,      108 


INDEX. 


303 


same,  penalty,  .  .  .  108 

injuring guideboard  or  milestone  on,  pen- 
alty ,  .  .  .  .        • 
plauk,  gravel,  macadamized,  or  pike, 
same,  made  on  state  or  county  road, 
Bamo,  over  private  land, 
same,  widtli  ol', 

of  town,  board  of  supervisors  re-survey 
same,  clerk  record  re-survey,      . 
same,  copy  to  be  evidence,     . 
same,  previous  proceedings  legalized, 
la.v  01,  •  ■  .  . 

carriages  turn  to  the  right, 
same,  peualty  for  neglect, 
drunken  driver,  penalties  for  employing 
rapid  driving  on,  penalties,    . 
leuving  hor>e.s  unnitched,  penalty, 
owners  liable  for  damages  by  driver, 
Tiolatiou  of  law  of  misdemeanor, 
"  carriage, "  meaning  of, 
hackae_\  coaches  not  included  in  law, 
justice's  jurisdiction  under  law, 
what  are  public  highways, 
in  Jieividere  and  b'lora,  highways,    . 
in  Bloomingdale,  doings  legalized, 
in  Iroquois  county,  doings  legalized, 
in  Will  county,  a  survey  contirmed, 
ROADS  AND  BRIDCES,  towns  to  lay  tax 
when    special    town  meeting    may  raise 

money  for,  .... 
supervisors  appropriate  funds  for,  53 

pro-iisions  as  to,  .  .  63-10 

commissioners  of  highways,  have  charge  of,  C3 
siiuie,  have  them  rep;ured  and  built,  C4 

over  streams,  highway  commissioners  re- 
pair, 
materials  may  be  taken  for, 
Siime,  owner's  consent  necessary, 
same,  appraisal  if  owner  refuses, 
same,  award  final, 
same,  form  of  award, 
in  Cook  county,  two  thirds  of  supervisors 
must  vote,        .  .  .  .239 

ROAD  APPEAL,  from  commissioners'  pro- 
ceedings, .  .  93-101 
when,  to  whom,  who  make,  .  .  93 
to  be  written  and  signed ;  contents,  93 
fonn  of,  .  .  .94 
addressed  to  town  clerk,  and  filed,  .  95 
if  no  cierk,  to  supervi>or  or  justice,  .  95 
bond  filed  by  appellant,  .  .  95 
same,  form  of,  .  ,  .  .95 
same,  suit  on,  ...  95 
three  supervisors  to  hear;  how  chosen,  9u 
same,  certificate  of  appointment,  .  9 
same,  form  of  certificate,  .  .  96 
same,  notice  of  appeal,  .  .  93 
same,  form  of  notice  of  appeal,  .  96 
same,  proceedings  of  supervisors  at  hear- 
ing, ....  9; 
appellant  give  notice  of  meeting,  .  96,  ' 
same,  foiTa  of  notice,  .  .  9i 
same,  form  of  affidavit  of  services  of  notices,  91 
■  "  ■  9S 
98 
99 
100 
100 
100 
100 
100 
101,2 
101 
101 
102 
102 
102 
105 
105 


108 
228 

228 

228 
22* 

22'J 
22b 
22ii 
229-231 
22l> 
229 
230 
231. 
23i^ 
23U 
231 
231 
231 
231 
231 
232 
23;5 
235 
237 
for,  24 


mode  of  making  up  decision, 
fomi  of  supervisors"  order  on,    . 
on  refusal  to  lay  out  road,     . 
in  case  of  road  on  town  line, 
same,  to  both  town  clerks  or  officers, 
same,  joint  proceedings, 
same,  duplicate  copies,  .  . 

same,  bond  how  drawn,   . 
damages,  provisions  as  to,    .  . 

same,  hnw  assessed  and  paid,     . 
same,  form  of  statement  of, 
same,  form  of  .auditor's  certificate, 
same,  form  of  aggregate  account,     . 
same,  form  of  clerk's  certificate, 
when  fences  to  be  removed  on, 
roads  ordered  on,  to  be  opened  when, 


ROAD  DISTRICTS,  commissioners  lay  out,  ft5 
when  residents  in  one  work  in  another,  75 
how  setolf,  where  road  on  town  line,  104 

iiOAD  TAX,  towns  may  direct,     .  .        24 

rate  of,  what  to  be,    ...  24 

highway  commissioners  assess,  .  .        tiH 

notice  to  work  out,     ...  78 

may  be  paid  in  money,    .  .  .78 

payment  of  entered  by  overseer,      .  78 

overseer  furnish  Ust  to  supervisor,  .        73 

board  of  supervisors  levy  and  pay  over,        7!) 

aATlSFACTlUN  PIECE,  collector  entitled  to,  62 

SCIIOOLi    conunissiouer    receive   order    for 
sdiool  money, 
receive  money  on  same, 

SCHOOL  FUND,  interest  how  paid, 

SCHOOLS,  projiertv  used  for  not  taxed, 

6ECUETAKY   OK  "STATE,  report  number 
of  white  children,  . 

.SENATE.  .  See  Gkner.\l  Assembly. 

SIIEI'JP.      See  ANIMALS, 
towns  regulate  running  at  large,  . 

not  run  at  large  in  Du  Page  county, 
.same,  in  Henry,  Will,  Livingston,  Lake, 
may  run  in  \\'ill  county, 
not  run  in  Mason  county  ;  exceptions, 
nor  in  Stiuk,  Putnam  and  McLean, 

SHERIFli'  to  post  notices  of  first  town  meet- 


201 
201 
210 
151 

210 


25 
234 
2.34 
235 
237 
233 


15 


57 
112 
113 
111$ 
125 
127 
127 


county  treasurer  have  power  of  to  raise 

taxes,  .... 

notify  judges  of  election, 
post  notices  of  elections, 
election  to  vacancy  in  office, 
distribute  blank  returns  and  poll-books, 
vacancy  in  office,  how  fiUed, 
same,  previous  Ci'iing  of  legalized,     . 
duty  on  default  by  collector,      .  173,174 

same,  how  collect  and  make  return,  174 

liable  if  failing  so  to  collect  and  return,       174 
tax  de(<ds  by  leg.alized,  .  204 

to  make  such  deeds,         .  .  204,  207 

certify  to  value  of  land  sold  for  state,  208 

fees  of,  ....  2(»7 

not  be  county  treasurer,  .  .      2(>9 

SPECIAL  CONSTABLES.     See  Const.\bles. 

SPECIAL  TOWN  MEETINGS.     See  To\\T( 
Meetings. 

STAGE  COMPANY,  where  stock  taxed, 

STARK  county,  sheep  and  swine  not  to  run 
at  large  in, 

STATE.     See  Gener.'VL  Assembly. 
property  of  not  taxed,     . 
pay  usual  law  fees, 
pay  usual  commissions,  .  . 

rate  of  taxes, 
levy  in  favor  on  real  estate 


58 
233 

151 

198 
198, 

204' 

2a5 


STATE  DEBT,  one  and  half  milltax  for,  181,1S2 
half  mill  tax  for,  -  .  .      153' 

provisions  for  paving,     .         .  .  183 

STATE  ELECTION,  time  of,  .      123 

STATE  LINE,  roads  on  how  laid  out,  VM 

STATE  OFFICES,  vacancies  in  how  filled,     124 
STATE    Kf;VENUE,   county   collector  pay 

over  if  delayed,  62 

STATE  IIOADS',  board  of  supervisors  may 

relocate  or  vacate,  .  .  53 

same,  mode  of  proceeding,  .  80 

board  of  supervisors  not  alter,  .  91 

in  townof  Wa.vue,  alter.ation  of,  .      233 

in  Kane  and  DeKalb,  highway  commis- 
sioners may  control,  .  •  233 
in  Peoria  county,  highway  commissioners 
control,        .            .                                   233 
STATE'S  ATTORNEYS,  sue  if  auditor  re- 

20(5 
206 


quires, 
fees  of. 


STATE  TAX,  one  and  a  half  mill, 
halfmiU, 


181 

182 


304 


INDEX. 


STATE  TREASURER,  pay  over  to  revenue 
fund,  ....  183 

pay  over  to  interest  fund.  .  .      183 

duty  iis  to  payments  by  collectors,  202 

STATdTE  ou  elections,  repe;il  of  part  of,         127 
STOCKS.     .Vfe  (Jorporatioxs  ,  Stage  Com- 
pany; Hailroad;  Toli-Dkidge. 

investment  in,  defined, 

how  listed  for  tax, 

valuation  of,    . 

unp.iid,  no  deduction  in  listing, 
SUiTo  AT  LA\V.     See  Action. 

to'.vn  meetings  direct  as  to, 
SU't>a.'>,ViSOi{,.    See  Assistant  Supervisoe; 
Board  op  Supervisors. 

dLspose  of  real  estate  of  divided  town, 

game,  duty  of  part  of  town  set  off, 

form  of  deed  of,  of  land  of  divided  town, 

aijportiou  property  of  altered  or  divided 
town, 

form  of  such  apportionment, 

three  days'  notice  of  apportioning  meeting,  21 


form  of  notice, 
■when  elected, 

join  to  call  special  town  meeting, 
notify  same  if  town  clerk  absent, 
to  be  elected  by  ballot,  .  .  S3 

formalities  as  to  oath  and  acceptance,     35,  331 
approve  bond  of  collector,      .  .  36 

indorse  approval  and  file  same,  .  .        37  j 

form  of  approval,        .  .  ,  37 

approve  constable's  bond,  .  .        38i 

endorse  and  file  same,  .  .  38] 

fine  for  refusing  to  serve,  .  .        39  j 

successor  to  demand  books  and  papers,  39,  40 
same  to  be  delivered  to  successor,  .        40  i 

public  money  with,  paid  to  successor,  40! 

same,  payment  and  delivery  at  death  of,        40  j 
form  of  oath  at  delivery  and  payment,  40 

join  in  filling  vacant  town  office,  .        40 

duties  of,         .  .  .  .        42-44 

receive  and  pay  town  money,      .  .42 

giveboad;  whr.t  bond,  .  .  42 

to  be  sued  on  forfeiture  of  same,  .        42 

prosecute  for  penalties  under  $50,  42 1 

keep  accounts  of  receipts  and  payments,      43 
account  annually,       .  .  43j 

attend  annual  meeting  of  county  board,       43 , 
receive  accounts  against  town,     .  .        43  j 

lay  before  county  board  copies  of  money 

entries,  ....        44] 

fine  and  forfeiture  for  neglect  of  duty,  44 

assistant,  powers  of,         .  .  .44' 

same,  in  East  and  West  Galena,        .  110; 

form  of  bond  of,  .  .  .42 

form  of  clerk's  approval  of  bond      .  42 

form  of  account  book,      .  .  43 

compensation  of,  .  .  47 

to  be  served  \vith  process  in  town  suit,  49 

take  charge  of  town  suit,       .  .  49 

lay  election  certificate  before  board,  52 

fees  of,  ....  55 

attend  meeting  to  review  assessment,     60,  161 
join  in  reviewing  reassessment,  .  .        61 

prescribe  and  approve  bond  of  treasurer        \ 

of  highway  commissioners,      .  .        63 

receive  road  tax  list  and  lay  before  board,     79 
three,  entertain  road  appeaJ,       .  .  93,  95 

same,  proceedings,     .  .  .       93-101 

duty  on  road  appeal,        .  ,  95,  93 


same,  when  teiin  of  office  ends, . 

same,  compensation  on, 

same,  road  not  to  be  changed  for  a  year, 

same,  proceedings  if  excessive  damages, 

to  be  a  judge  of  elections, 

post  notice  of  general  elections, 

fix  place  of  holding  elections,     .  . 

in  wards,  in  Chicago  and  Peoria, 

complain  if  indentured  pauper  abused, 

receive  and  hold  surplus  tax, 

act  in  fiUing  vacant  coUectorship,     . 

extend  time  for  tax  collection,    . 

sue  on  bond  of  defiiultiug  collector, 

I     in  Cook  county,  be  moderator. 

ISUPilBME COURT.     See  Clerk  of  Suprejie 

18  Court  ;  Judge. 

19  when  judge  elected, 
19  SURETY.     Deduction  for  in  tax  Ust,    ■ 

|SWINE.     iSfc  Animals. 
20]     not  run  at  large  in  DuPage  county,  . 
20,'     same,  in  Henry,  Will,  Livingston  and  Lake 
counties, 
towns  regulate  running  at  large, 
not  run  in  Mason  county ,  exceptions,  . 
nor  in  Stark,  Putnam  and  McLean, 


150 
151 
154 
155 

24 


101 
101 
101 
l'J2 
108 
108 
109 
1U9 
147 
172 
173 
173 
174 
23a 


123 
154 


234 

234 


237 
233 


26  TAXES.     &e  Assessment  ,  Assessor;  Col- 
Collector;  Revenue;  Road 


same,  sue  on  bond, 

same,  meeting  on  hearing, 

same,  notice  of  meeting  how  given, 

same,  process  may  issue  and  vfitnesses  be 

svunmoned, 
same,  contents  of  decision, 
same,  lay  out  road  on  reversing  refusal  to 

do  so, 


100 


24 


57 
67 
58,63 
62 
61 


same,  substitution  where  unable  to  attend,  101 


LECTION 

Tax. 

what  town  meetings  may  lay, 

delinquent  and  non-resident,  county  treas- 
urer collect,      .... 

collector's  fees, 

assessment  and  collection  of, 

double,  where  two  claimants, 

if  injunction,  proceedings  to  collect, 

county  supervisors  not  to  levy  more  than 
fivemiUs,     ....  02 

effect  of  law  of  1831  on  prior  law,  .        63 

county  judge  have  jurisdiction  in  suits  for,  109 

for  poor  house,  .  .  .  144 

aU  property  pay,  .  .  .  149, 2')7 

what  exempt  from,     .  .  .  151 

on  real  estate  held  May  1st,         .  .      li;9 

laws  on  assessing  and  collecting,      .  149 — 210 

sale  for,  when,     ....       178 

same,  may  be  helil  subsequently,     . 

same,  in  case  of  appeal,  . 

same,  fees  for,  how  charged, 

on  railroads      See  Railroads. 

one  and  a  half  miU, 

half  mill,        .... 

computation  of,    .  .  . 

suits  for,  count)'  courts  hear, 

real  and  pei-soual  property  Uable  for, 

on  town  or  city  lots,  sale  if  unpaid, 

lots  forfeited  for,   , 

delayed,  50  per  cent,  added  to, 

may  be  paid  in  advance, 

unpaid,  conditions  of  s.ale  for, 

notice  by  purchaser  of  same  ;  form, 

same,  talse  swearing  to  be  perjury,  . 

same,  expenses  how  paid, 

suits  and  orders  as  to  sales,  when,  . 

form  of  order  of  sale, 

lands  unsold  for,  forfeit  to  state, 

unpaid,  sale  every  five  years  for, 

land  sold  for,  redeemable  when, 

same,  redemption  how  made, 

erroneous,  refunded, 

count}-,  rate  of;  when  levied,    . 

paid  more  than  once,  return  of, 

some,  not  refunded, 

s<ale  for,  how  conducted, 

same,  price  to  be  paid  at  once,  . 

same,  letters  and  figures  may  be  used 
adverti-sement, 

same,  purchaser's  certificate, 

same,  certificate  assignable, 

same  error  in  name  not  vitiate,  , 


179 
180 
ISO 

181 
182 
1S5 
187 
187 
IS- 
IS? 
189 
190 
191 
191 
192 
102 
193 
195 
196 
196 
197 
197 
197 
198 
199 
199 
199 
199 

L 

200 
200 
200 
200 


INDEX. 


305 


game,  clerk's  books  evidence  of,       •  200 

same,  clerk  cancel  If  erroneous,  200 

same,  vacated  by  receipt  of  redemption 

money,  ...  200 

game,  second  deed  due  when,     .  .      200 

rate  of,  ....  203 

real  estate  relieved  where  personal  property  ,205 
back,  on  forfeited  property,        .  .      207 

omitted,  how  assessed,  .  .  208 

gale  for,  collector  and  clerk  not  to  be  con- 
cerned in,     .  .  ■  .  209 
game,  unsold  lands  how  sold,     .            .      209 
lands  sold  by  state  not  forfeited  for,  209 
unpaid  on  canal  lands,  proceedings,      .      209 
purchaser  of  land  must  pay  for  advertising,  209 
auditor's  warrants  receivable  for,     .  226 
in  Cook  county,  how  reported  and  recorded,  241 
TAX  DiaDS,  sheriff's  legalized,    .  204 
sherifl'To  make,          .            .            .    204,  207 
void  if  taxes  were  paid,  .            .            .      204 
void  if  land  redeemed,  or  no  notice,  204 
otherwise  vahd,  unless  redemption  money 
tendered,         ....  204 
collector  make,    .            .            .            .20' 
TAX  SALE.     See  under  T.vxes  ;  Collector. 
TELEGRAPH  COMPANY.  See  Corporatio.ns. 
THIEVES.     See  Horse  Thieves. 
THISTLES.     See  Canada  Thistle. 
TIE  VOTE,  decided  by  lot,       .            .  34 
form  of  notification  of,     .            .            .34 
form  of  record  of  decision  of,            .  35 
for  legislature  or  county  office,  .            .      117 
same,  decided  by  lot,              .            .            117 
TOLL-BRIDGES,  assessment  of  stock  of,  58 
TOWNS.     See  under  names  of  town  Ojficers 
also.    Bridges  ;     Elections  j    Roads  ; 
Voters. 

inhabitants  may  name,  .  .  .14 

commissioners  name  if  disagreement,  14 

name  and  bounds  of  new,  recorded,  .  10 
duplicated  names  of,  to  be  changed,  IG 

names  and  boundaries  recorded  by  auditor,  10 
powers,  rights  and  duties  of  as  bodies  cor- 
porate, .  .  .  ,        IC 
have  no  powers  but  those  expressly  given 

or  necessary,  ...  17 

acts  or  proceedings  by  or  against  to  be  in 

name  of,  .  .  .  .17 

land  for  benefit  of,  may  be  conveyed  to  it 

in  any  manner,        ...  17 

alteration  of  boundaries  of,  division  of,         17 
county  supervisors  may  change  bounda- 
ries of,   .  .  .  .  .17 
county  supervisors  may  divide,  alter,  and 

make  new,  ...  17 

new,  must  have  thirty  voters,     .  .        17 

to  divide  or  change  bounds,  sixty  days'  notice, 17 
twelve   freeholders  may  call   meeting  to 

organize,  .  .  .  .17 

powers  of  such  meeting,        .  .  17 

when  supervisors  appoint  officers  of,  .  18 
annexed  to  others  if  officer  do  not  qualify,  18 
subdivided,  distribution  of  real  estate  of,  18 
form  of  notice  of  freeholders'  meeting  to 

organize,  .  .  .  .18 

form  of  agreement  to  divide  estate  of,  18 

apportionment  of  estate  of  where  part  set 

off  to  another,  .  .  .19 

apportionment  of  personal  estate  where 

divided  or  altered,        .  .  .20 

supervisors'  meeting  as   to,  three  days' 

notice  of,  .  .  .21 

divided  burial  ground  to  belong  in  part 

where  remaining,  .  .  .21 

debts  of  divided,  to  be  apportioned,  21 

of  over  800,  an  assistant  supervisor,  .  23 
lawsuits  by,  town  meetings  direct,  24 

corporate  powers  of,  exercised  in  town 
meeting,  .  .  nA  .  •       24 


20 


powers  of  electors  of,  .  .        24, 25 

supervisor  receive  and  pay  money  of,  ^ 

inhabitant  may  testify  in  suit  on  supervi- 
sors' bond,  .  .  .  .43 
provide  book  for  supervisors'  accounts,  4a 
chargeo  and  claims  against,  auditor's  audit,  46 
form  of  bill  against,  and  affidavit,  ,  46 
what  are  charges  agaiUiSt,  ,  47 
charges  on  levied  ou  t^ixables,  .  .  47 
form    of    auditor's     certificate    to    claim 

against,  .  ...        47 

actions  by  and  against,        .  .  48-50 

same,  conducted  like  private  actions,  48 

same,  to  be  in  name  of  town,  ,        49 

same,  when  process  to  be  served  on  town,  49 
same,  service  to  be  on  supervisor,  •        49 

same,  supervisor  take  charge  of,       .  49 

same,  when  inhabitants  may  be  witnesses 

and  jurors,        .  .  .  .49 

same,  when  may  be  before  justice,    .  49 

same,  rule  of  damages  in  trespass,  .  49 
same,  as  to  town  lands,  partition  in,  49 

same,   rule  of  costs  as  in  private  suit,  49 

same,  judgment  a  town  charge,  .        49 

same,  form  of  entitUng  suit,  .  49 

supervisors  audit  accounts  against,  .  53 
supervisors  lay  out,  and  change  bonds,  6.3 
supervisors  name ;  appoint  town  meeting,  53 
supervisors  change  name  of,        .  53 

new  name  sent  to  auditor,  .  55 

same,  proceedings  if  like  another,  .  55 
adjoining,  join  in  expense  of  bridge,  72 

judgment  for  expense  of  same,  a  charge  on,  72 
proceedings  as  to  road  running  into  two,  103 
same,  where  road  on  line  of  two,  103 

expense  of  such  road  divided,  .  104 

di.stricts  for  working  same  how  set  off,  104 
same,  rules  as  to,  where  previously  made,  104 
uuJer  township  organiziition,  election  pre- 

ciucts,  .  .  .  .108 

who  judges  of  elections  in,  .  .  ^         108 

towns,  re-survey  of  roads  of,      .  .      228 

TOWN  ASSESSOR.     See  Assessor. 

signified  1)}' term  "  assessor,"  175 

TOWN  AUDITORS.     See  Board  of  Town 

Auditors. 
TO^VN  CLERK,  give  notice  of  annual  town  , 
meeting,  .  .  .  .22 

when  chosen,  ...  23 

publish  town  by-laws,  .  .         26 

notify  special  town  meeting,  .  26 

join  to  call  same,  .  .  .26 

call  tovvn  meeting  to  order,  .  28 

administer  oath  to  moderator,    .  .        29 

duties  as  clerk  of  town  meeting,       .  29 

make  proclamation  before  town  election,  32 
elected  by  ballot,  .  .  .33 

conduct  lot  to  decide  tie  vote,  .  34 

form  of  notification  of  casting  lota,  .  34 
give  notice  to  officers  elected,       '      .  35 

form  of  decision  of  the  vote,      .  .        35 

file  list  of  town  officers  elected  with  county 

clerk,  .  ...        35 

formahties  as  to  oath  and  acceptance,  35,  36 
approve  constable's  bond,  .  .        38 

indorse  and  file  same,  .  .  38 

certify  copy  of  same  for  evidence,  .        38 

fine  for  refusing  to  serve,      .  .  39 

books  and  papers,  successor  to  demand,  39,  40 
same,  deliverable  to  successor  on  oath,  40 

same,  form  of  oath  on  delivering,  40 

same,  delivery  at  death  of  clerk,       .  40 

join  in  filling  vacant  town  office,  .        40 

notify  appointees  to  same,      .  .  41 

form  of  such  notice,         .  .  .41 

approve  and  file  supervisor's  bond,  42 

sue  on  forfeiture  of  same,  .  .        48 

join  in  auditing  supervisor's  account,  43 

join  in  entering  certificate  of  same,  43 


306 


INDEX. 


form  of  such  certificate,  .  .        43 

office  aud  duties  of,  .  .        44, 45 

have  custody  of  records  and  papers,  44 

record  proceediugs  of  town  meeting,  44 

furnish  copies  of  money  votes,  .        44 

form  of  entry  of  fiUng  paper,  .  44 

form  of  certificate  of  copies  of  money  votes,  44 
return  names  of  justices  and  constables 

chosen,  •  ...        44 

penalty  for  omitting  such  return,       .  44 

certified  copies  by  to  be  evidence,  .        45 

form  of  certificate  to  copies,  .  45 

file  and  read  town  accounts,        .  .        45 

compensatioQ  of,         .  .  •  47 

fees  for  sundry  services,  rates,  .        47 

attend  meeting  to  review  assessment,     60,  161 
fee  for  assessing  omitted  land,  .        60 

join  in  reviewing  reassessment, 
enter  road  districts  iu  town  book, 
prescribe  and  approve  bond  of  treasurer 

of  highway  commissioner.*!, 
deliver  fists  for  assessing  highway  labor, 
post  notice  of  amount  of  road  tax, 
form  of  such  notice, 
note  time  of  filing  order  as  to  road, 
pote  time  of  filing  road  damages,  .        S7 

file  orders  as  to  road,  .  .  88 

same,  not  recorded  until  final  decision,         89 
duties  on  road  appeal,     .  .      95,  98,  100 

compensation  on  same,  .  .  101 

make  out  statement  of  road  damage, 
same,  certify  and  deliver  to  supervisor, 
same,  form  of  statement  and  certificate, 
duty  on  proceedings  for  excessive   road 

damages,  .  .  •  . 

when  post  notice  of  general  elections, 
fix  place  of  holding  elections,     . 
obtain  assessment  roll  of  county  clerk, 
register  estrays, 

preserve  re-survey  of  town  road, 
his  certified  copy  of  same,  evidence, 
in  Cook  county,  be  clerk  of  election, 
appoint    first  meeting  of   commissioners 

of  highways, 
notify  of  such  meeting, 
provide  lots  to  draw  for   their   terms  of 

•office,  .  .  .  .110 

choose  person  to  draw  for  absent  commis- 
sioner, .... 
TOWN  COLLECTOR.     S«e  Collector. 
TOWN  MEETINGS,  form  of  notice, 
notice  of  first  in  new  town, 
first  in  new  town,  when  to  be  held, 
twelve  freeholders  may  call  to  organize 
same,  to  have  twelve  days'  notice, 
same,  form  of  notice, 
same,  powers  of  electors  in, 
provisions  as  to,        . 
to  be  annual,  on  1st  Tuesday  of  April 
voters  at  general  elections  may  vote  at 
notice  of  time  and  place  by  town  clerk 
form  of  same,  .  *     . 
powers  of  electors  at, 
special,  what  officers  may  call,         , 
same,  town  clerk  notify, 
same,  place  of,          .... 
same,  powers  of  electors  at, 
same,  purpose  must  be  named  in  call 

notice,        .... 
voters  at,  privileged  from  what  arrest,     .      28 
mode  of  conducting,     ....  28 

town  clerk  call  to  order,  ...      28 

chairman  and  moderator  chosen,  .  28 

moderator  take  oath  of  office,  .        .      28 

town  clerk  be  clerk  of;  duties,     .        .  29 

form  of  minutes  of  proceedings,     .        ,      29 
if  town  clerk  absent,  clerk  chosen,  •    .  30 

duties  of  moderator,        ....      30 
questions  decided  by  majority,     ,        ,  30 


110 

15 
16 
16 
town,  17 
18 

.  18 
18 

21-35 
21 
21 
22 

22,23 
24 

.  26 
26 

.  26 
27 


order  of  business, 30 

reconsideration  of  motion,   ...  SO 

mode  of  preserving  order  in,  .  .  .30 
qualifications  of  voter  at,      .        .        .  31 

proceedings  on  challenging  vote  at,  ,  31 
penalty  of  illegal  votiug  at,  .        .  32 

open  from  tuo  to  si.\,  ....  32 
opening  aud  closing  of  changed  how,  .  32 

minutes  subscribed  and  tiled,  .        .      32 

proclamation  before  election  at,   .        .  32 

same,  form  of, 32 

mode  of  tiiluug  vote,     ....  33 

poll  hst  to  be  kept  by  clerk,  ...  33 
ballots  to  be  put  in  box,  ...  33 
penalty  for  exposing  ballot  at,  .  .  33 
canvass  at  close  of  meeting,         .        .  33 

canvass,  mode  of  conducting,  .        .      34 

clerk  enter  and  read  result  of  vote,  $.  34 
in  Cook  county,  special  provisions,  .    239 

TO  Vf  N  OFriCEllS.     See  under  name  of  each 
officer. 
appointed  by  supervisors,        ...      18 
not  quaUfying,  town  annexed  to  another,    18 
what  ones  chosen  annually,     .        .         ^,23 
town  meetings  may  choose,  .        .         24 

modes  of  electing  different,  ...  33 
hst  of  filed  OTth  county  clerk  when  elected,  35 
quahfications  and  tenure  of,     .         .  35-40 

must  have  resided  in  town  a  year,        .  35 

talie  oath  of  office. 35 

neglect  to  take  oath  a  refusal  to  serve,  35 

form  of  oath  of, 35 

penalty  for  acting  before  taking  oath,  39 

length  of  tei-ms  of  office,  ...      39 

transfers  of  books  aud  papers  of  sundry, 

to  successors,         .         .        .        .         39, 40 
justices  may  accept  resignation  of,       .  41 

form  of  resignation  of,  .  .  .  .41 
compensation  of,  a  to'ivn  charge,  .  47 

rate  of  compensation,  ....  47 
give  duplicate  receipts  to  collector,  .  171 
Cook  county,  special  provision,        .        .    239 

TOWN  OFFICES.      See  names  of  such  offices. 
vacancies  in  and  mode  of  filling,     .         39-41 
who  may  appoint  to  if  vacancy,  .  40 

board  to  fill  vacancies  may  complete  itself,    41 


See  Towns. 


48 


and 


fees  of  board  to  fill  vacant, 

TOWNSHIP  ORGANIZATION, 
general  provisions  for, 
counties  may  vote  for  at  general  elections, 
puestion  submitted  no  pettion, 
county  clerk  record  and  certify  vote  on, 
majority  required  to  adoqt, 
lorm  of  petition  for,         .... 
form  of  commissioners'  report  on, 
county  judge,,  have  jurtsdicion  of  tax  suits,  109 
abolishin,g  provisions  for     .        .        .        109 

same,  election  for, 109 

same,  effect  of  election,  .  .  .  109 
same,  choice  of  county  officers,  .  .  109 
laws  conflicting  with  act  for  repealed,  110 

.same,  unrepealed  exceptions,  .        .    110 

revenue  act  specified  for,  .  .  149-21C 
sheriff's  tax  deeds  legahzed,  .  .  .  204 
sheriff  to  make  such  deeds,  .        .        204 

TOmysmPS.     See  Towns. 

commissioners  to  lay  off,  ...      14 

new,  mode  of  fixing  boundaries  of,      .  14 

fractions  of  new,  disposed  of,  .        .      14 

creek  or  river  may  bound,    ...  14 

TRESPASS,  rule  of  damages  in  tovm  suits  for,  49 
by  animals, o  co 

TRUSTEE,  assessment  of  property  heldas,  58,  69 

TURNPIKE  COMPANY.     See  Corporations. 

UNITED  STATES,  lands  of  not  taxed,       .    loX 

VACANCY.     See  under  names  of  officers; 
also,  State  offices  ;  Town  offices. 

VALUATION.   See  Assessor  ;  Assessmbht  ; 
Taxes  ;  Reyentje. 


INDEX. 


307 


rules  for, 1&1-180 

VlEWEUy,  on  closing  or  altering  state 

road, 89-91 

duties  of, 90 

pay  of, 91 

VOTERS.       See  Ballot;    Ballot  boxes; 
Electors  ;     Election'  ;    Disfbanchise- 

MEXT. 

exempt  from  arrest  on  town  election  day,  28 
who  may  be  at  town  meeting,  .         .      31 

cliallenging  at  same,  proceedings,        .  31 

qualifications  of, 124; 

must  be  residents,  ....  124- 
oatli  on  challenge  or  suspicion,  .  124, 128 
refusing  oath,  rejected,  '    .         .        124, 

what  residence  required,  .         .     127,128 

non-resident,  penalties  for  voting,  .  128 
suspected,  produce  what  proof,  .  .  128 
name  endorsed  on  ballot,  .  .       129 

VOTES,  contain  what,  ...  125 

not  rejected  for  want  of  form,  folded  to- 
gether, rejected,  .  .  125,  120 
penalty  for  refusing  proper,  .       127 
swearing  in  fraudulent  is  perjury,    .  129 

VOTESG,  at  to>ni  meeting,  penalty  of  illegal,  32 


at  town  meeting,  modes  of,        .  .33 

tie  in  decided  by  lot,  .  .  34 

illegal,  penalties,  .  .  113,  129 

fraudulent,  penalty  for  permitting,  .  119 

to  be  but  once,     ....       125 
twice,  or  double  tickets,  fine,  .  125 

to  be  by  ballot ;  mode  of,  .  125,  129 

WARD,  guardian  list  property  of,        .  152 

WARD   SUl'EKVISOKS,  Chicago  and  Peo-      ■ 

ria,         .  .  .  .  .       109 

AVAR  KANT.     See  vw/er  Voi.LF.CTon;  Justice. 

AVATERHORKS,  public,  not  taxed,  .       151 

AVAYNE,  state  road  in  altered,  .  23.3> 

same,  mode  of  proceeding,  .  .      233 

AVEEDS,  town  may  provide  for  killing,  24 

AA^';ST  GALENA,  assistant  supervisor  in,        110 

AA'ILL   county,  penalty  for  sheep  and  swine 

ai.  large  in,        .  .  .  .234 

sheep  may  run  at  large  in,    .  .  235 

road  survey  in  confirmed,  .  .      237 

AA'ITNESS,  inhabiUmt  of  town  may  be  in 

town  suit,     ....  49 

in  contested  election,  fine  of  contumacious,  120 

where  information  refused  to  assessor,         161 

same,  penalty  of  contumacious.  .      Ittl 


INDEX  TO  APPENDIX. 


ADJUTANT-GENERAL  to  report  subjects 
of  military  duty  to  the  secretary  of 
war,  U.  S 245 

ARTILLERY  companies  may  be  organized  261 

BOARD  OF  HEALTH,  who  shall  constitute  271 

may  make  rules  and  regulations 272 

may  shut  up  infected  houses 272 

town  clerk  to  keep  records -272 

compensation  of. 272 

compensation  and  bills  to  be  audited 272 

act  to  be  accepted  by  supervisors 272 

BOARD  OF  REGISTRY,  who  shall  consti- 
tute   266 

timeof  meeting 266 

session  two  days 266 

may  take  poll  list  filed 267 

when  shall  complete  register 267 

shall  file  original  list 267 

may  post  printed  copies  of  list 267 

proceeding  in  case  of  new  district 267 

meeting  before  election 268 

proceedings  shall  be  open 268 

duty  to  erase  names 268 

four  copies  of  lists  to  be  certified 268 

may  appoint  a  clerk 270 

compensation  of  board  and  clerks 270 

power  to  preserve  order 270 

BOATS,  proceedings  in  case  of  estray 249 

BONDS,  issued  for  war  purposes 257 

amount  of. i 257 

trust  funds  may  be  invested  in 258 

CAVALRY,  companies  may  be  organized...  261 

CENSUS,  to  be  taken  every  five  years 243 

commissioners  to  take,  how  appointed 253 

when  to  be  commenced 243 

what  facts  to  be  ascertained 244 

to  be  made  by  actual  inquiry 244 

when  returns  to  be  made 244 

penalty  for  default  of  commissioners 244 

judges  to  charge  grand  jury  concerning..  244 

penalty  for  refusing  information 245 

compensation  of  commissioners 245 

returns  made  to  speaker  of  the  House 245 

COUNTIES,  which  have  adopted  township 
organizations 267 

DISTRICT  ROAD  TAX,    duty  of  county 

clerk  in  extending 278 

duty  of  county   and  township  collectors 

to  make  abstracts 278 

commissioners  of  highways  to  pay  over 
tax 278 

DOGS,  owners  liable  for  damages  done 245 

doing  damage,  any  person  authorized  to 
kill 245 

DRAINAGE,  who  shall  be  commissioners...  272 
applications  for  drainage 272 


notice  to  be  given 272 

commissioners  to  agree  on  time  of  meet- 
ing   273 

to  give  notice  of  meeting 273 

form  of  application  for  drain 273 

form  of  notice  to  owner  or  agent 27S 

form  of  notice  by  coiumissioners 273 

determination  of  the  commissioners 274 

in  case  of  neglect  to  make  drain 274 

expense,  how  recovered 274 

when  drain  is  a  damage 274' 

'  water  to  be  conducted  oft' 275 

decision  of  commissioners  to  be  noted  on 

back  of  application 275 

fees  of  commissioners 275 

appeal,  when  and  how  taken 275 

form  of  decision  of  commissioners 275 

time  for  hearing  appeal 276   . 

proceedings  on  appeal 276 

form  of  appeal 276 

form  of  notice  of  appeal 276 

form  of  decision  on  appeal 276 

compensation  of  officers  on  appeal 277 

costs  on  appeal 277 

when  paid  by  the  town 277 

non-resident  lands  assessed 277 

assessment  returned  to  county  clerk 277 

to  whom  paid 277 

one-half  assessed  on  uninclosed  lands 277 

McHenry  and  Kane  counties  excluded 277 

overseer  of  highways  authorized  to  make 

drains  and  ditches 277 

proceedings  where  owners  shall  not  con- 
sent   278 

ESTRAYS,  persons  taking  up,  how  to  pro- 
ceed   246 

description  to  be  entered 246 

copy  of  description  to  be, posted 247 

time  of  taking  up 247 

charges  for  taking  up 247 

not  to  be  used  before  advertising 247 

unclaimed  for  one  year  to  belong  to  the 

taker  up 248 

penalty  for  disposing  of. 248 

when  to  be  sold 248 

owner  may  have  purchase  money  within 

two  years 249 

fees  and  compensation  relative  to 250 

ELECTION  DISTRICTS,  board  of  supervis- 
ors may  divide  township  into  election 

districts 279 

judges  of  election,  how  appointed 279«» 

who  shall  be  board  of  registry 279 

EQUALIZATION  OF  ASSESSMENTS,  gov- 
ernor to  appoint  board  of  equalization..  280 
duties  of  the  board 280 


310 


q  ,  (// 


5o- 


/y 


-  7 


INDEX  TO  APPENDIX. 


284 


252 


board  when  and  how  organized 280 

property  to  be  listed 28] 

duty  of  assessors 28] 

duty  of  county  clerk 28S 

duty  of  auditor 282 

average  of  values  to  be  made !i8!i 

duty  of  clerk  in  co\inties  adopting  town- 
ship organization 283 

proceedings  of  board  to  be  published 28? 

collectors'  books,  how  prepared 2Sc 

members  of  the  board  to  be  elected  in 

senatorial  districts 28J 

auditor  to  publish  act  with  circular  of  in- 
structions   284 

session  of  board  to  be  fifteen  days 284 

county  clerk  to  make  certificate  of  rates..  284 
auditor    to    ascertain    value  of  taxable 
property  in  the  state  when  equalized 
HORSES.      See   Stallions;    Maeks    and 

Brands;  Estrats 

having  infectious  diseases  not  to  run  at 

large 

IDIOTS    AND   LUNATICS.     Sue   Insane 

INSANE    PERSONS,    conservators   to  lie 

appointed  for  property  of. 253 

oversseers  of  the  poor  to  have  charge  of...  253 
property  to  be  returned  to  when  restored 

to  reason 254 

contracts  with  void 254 

penalty  for  trading  with 254 

proceedings  to  sell  real  estate  of. 254 

JUDGES  to  give   census  act  in  charge  of 

grand  juries 244 

LAND  of  churches,  literary  institutions  and     , 
cemetries  when  not  subject  to  taxation.  261 
MARKS  AND  BRANDS  for  beasts,  persons 

may  have  and  record 255 

county  clerks  to  record 255 

to  be  prima  facie  evidence 256 

MILITARY  AFFAIRS,    commissioners  to 

audit  accounts  relative  to 25 

duties  of  commissioners  of 256 

vacancies  in  board  of  commissioners,  how 

filled 257 

limication  of  claims  regarding 257 

appropriations  by  towns  and  cities  for 259 

MILITIA,  who  compose, 259 

list  to  be  made  by  assessors 259 

list  to  be  filed  with  adjutant-general, 259 

divided  into  voluntary  and  reserve, 260 

oflncers  bow  elected, 260 

length  of  service  of, 260 

pay  of  assessors  for  enrolling, 260 

company  rolls  how  made  and  filed, 261 

OVERSEERS    OF    THE    POOR    to  have 

charge  of  insane  persons, 253 

POLL  LIST,  may  be  taken  by  judges  or 

inspectors, 267 

rule  in  making,.. 267 

original  when  and  where  filed, 267 

copies  posted, 267 

may  be  published  in  newspaper, 267 

in  case  a  new  district, 267 

time  of  revising  and  correcting, 268 

non-residents'  names  to  be  erased, 268 

four  copies  shall  be  certified, 268 

statement  or  minute  by  the  clerk, 269 

after  canvass  shall  be  filed, 270 

REGISTER  OF  ELECTIONS,  what    shall 

constitute, 266 

what  it  shall  contain, 266 

what  name  shall  be  entered, 267 

when  to  be  completed, 267 

when  and  where  filed, 267 

*     copies  to  be  posted, 267 

in  case  of  new  districts, 267 

shall  be  open  to  public  inspection, 270 

REGISTRY  LAW,  board  of  registry,  who 
constitute 266 


time  of  meeting, 266 

register  of  electors,  what  to  contain, 266 

register  when  to  bo  completed, 267 

original  list  to  be  filed  with  town  clerk,....  267 

when  filed  with  city  clerk, '..  267 

copy  of  list  to  be  posted, 267 

penalty  for  tearing  down  list, 267 

printed  copies  may  be  posted, 267 

new  district,  registry  when  made, 267 

meeting  of  board  before  election, 268 

proceedings  of  board  shall  be  open, 268 

names  of  non-residents  to  be  erased, 268 

name  of  elector  may  be  entered 268 

penalty  for  refusing  information, 2fi8 

challenge  of  voter— oath, 268-269 

four  copies  of  lists  to  be  certified, 268 

duty  of  judges  receiving  lists, 269 

no  vote  received  not   registered, 269 

except  at  town  meeting 269 

proof  when  voter  is  not  registered, 269 

duty  of  clerk  of  election, 269 

street  and  number  of  elector  to  be  given,  269 

false  statement,  punishment  for, 269 

after  canvass  poll  list  to  be  filed, 270 

board  may  appoint  clerks, 270 

register  open  to  public  inspection 270 

compensation  of  board  and  clerks, 270 

board  may  preserve  order, 270 

punishment  for  false  registry, 279 

violation  of  law  punished, 270 

former  acts  amended, 271 

ho  recess  at  election, 271 

compensation  of  judges  and  inspectors,...  271 
secretary  of  state    to    publish   law  and 

forms, 271 

other  acts  not  affected, 271 

ROADS 'AND     BRIDGES,     legal    voters 

may  levy  tax   for, 285 

notice  of  meeting  to  be  given, 285 

tax  how  paid  over, 285 

petition  to  board  of  supervisors, 2So 

towns  directed  to  repair, 285 

tax  how  collected, 285 

SECRETARY  OF   STATE   to  make  return 

of  census 245 

SHEEP.    Sei  Marks  and  Brands. 
damage  done  to  by  dogs,  how  recovered,..  246 

male  not  to  run  at  large..., 263 

running  at  large  to  be  taken  up, 262 

STALLIONS  running  at  large  may  be  taken 

"P, 251 

penalty  for  wilfully  sufiering  to  run  at 

large, 252 

not  to  be  let  to  mares  in  public, 252 

TAXES,  when  deeds  shall   be  executed  on 

sale  for  taxes,. 286 

when  certificates  of  sale  shall  expire, 286 

publishers  fee  for  printing  delinquent  tax 

list, 286 

collector  may  levy  and  collect  tax  in  any 

district  in  the  state, 287 

land  of  literary  institutions,   etc.,  when 

exempt  from, 261 

TOWNS   may   appropriate    money  to  aid 

volunteers, 258 

may  lay  tax  for  such  purpose, 258 

shall  appoint  disbursing  agent. 259 

VOLUNTEERS,    towns    may    appropriate 

money    for, 258 

WEIGHTS  AND  MEASURES  standard  of,  263 
standard  to  be  secured  by  state  sealer,...  263 
county  sealers    to    compare   with   state 

sealer, 264 

fees  for  sealing  and  marking 264 

penalty  for  not  conforming  to  the  stand- 
ard,   264 

who  shall  be  state  and  county  sealers  of.  264 

weight  of  grain  to  the  bushel 263-265 

weight  of  coal  to  the  bushel, 264 


m 


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